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WHAM-O MFG. CO. v. ALL-AMERICAN YO-YO CORPORATION

No. 73-C-743.

377 F.Supp. 993 (1973)

WHAM-O MFG. CO., Plaintiff, v. ALL-AMERICAN YO-YO CORPORATION et al., Defendants.

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

December 21, 1973.

Attorney(s) appearing for the Case

Kenyon & Kenyon Reilly Carr & Chapin, New York City, for plaintiff; William J. Ungvarsky, William T. Boland, Jr., Robert T. Tobin, New York City, Christie, Parker & Hale, Pasadena, Cal., of counsel.

Hendler & Siegel, New York City, for defendants.

DECISION AND ORDER

TRAVIA, District Judge.

Plaintiff moves pursuant to Title 28 U.S.C. § 1447(c) for an order remanding the above entitled action to the Supreme Court of the State of New York, County of Kings. The parties have submitted affidavits and memoranda of law and the same have been considered. Oral argument was had on December 14, 1973 after which decision was reserved.

The salient facts are as follows. On July 27, 1973 an agreement...

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