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AMERICAN CYANAMID CO. v. ELIZABETH ARDEN SALES CORP.

No. 70 Civ. 4598.

331 F.Supp. 597 (1971)

AMERICAN CYANAMID COMPANY, Plaintiff, v. ELIZABETH ARDEN SALES CORPORATION et al., Defendants.

United States District Court, S. D. New York.

September 13, 1971.

Attorney(s) appearing for the Case

Skadden, Arps, Slate, Meagher & Flom, New York City, for plaintiff; by Joseph H. Flom, Michael W. Mitchell, Stuart L. Shapiro, New York City, of counsel.

Sullivan & Cromwell, New York City, for defendants Elizabeth Arden Sales Corporation, and The Bank of New York, J. Howard Carter and Patricia Graham Young, individually and as Executors of the Estate of Elizabeth Arden, deceased by Edward W. Keane, New York City, of counsel.

Dewey, Baliantine, Bushby, Palmer & Wood, New York City, for defendant Eli Lilly and Company; by Everett I. Willis, John W. Galiardo, New York City, of counsel.

OPINION

GURFEIN, District Judge.

This is a motion by the defendants for judgment on the pleadings under Rule 12(c) F.R.Civ.P. and, alternatively, a motion for summary judgment under Rule 56 in that the complaint fails to state a cause of action and there is no triable issue of fact. In the complaint American Cyanamid Company (Cyanamid) charges with breach of contract and unjust enrichment the defendant Elizabeth Arden Sales Corporation (Arden), the Executors...

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