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FEDERAL PHARMACAL SUPPLY, INC. v. MURRY

Civ. A. No. 19466-2.

352 F.Supp. 278 (1972)

FEDERAL PHARMACAL SUPPLY, INC. d/b/a Federal Premium Mfg. Co., a division thereof, and National Sanitary Laboratories, Inc., Plaintiffs, v. Neil MURRY, Jr., d/b/a Noveltone and M & M Rubber Co., a corporation, Defendants.

United States District Court, W. D. Missouri, W. D.

December 29, 1972.

Attorney(s) appearing for the Case

David Skeer, Kansas City, Mo., Max R. Kraus, Chicago, Ill., for plaintiffs.

Howard E. Bodney, Kansas City, Mo., for defendants.

ORDER DISMISSING COUNTERCLAIM

COLLINSON, District Judge.

This is an action for copyright infringement, trademark infringement and unfair competition. Plaintiffs seek an accounting, damages, and injunctive relief. Defendants have counterclaimed for abuse of process. Plaintiffs have moved the Court to dismiss the counterclaim under Rule 12(b)(6), F.R.Civ.P. for failure to state a claim upon which relief can be granted. Plaintiffs' motion to dismiss will be...

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