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NUMBER WORKERS CO. v. NEW DIMENSIONS IN ED., INC.

No. 77 Civ. 1003.

440 F.Supp. 771 (1977)

The NUMBER WORKERS COMPANY, INC., Plaintiff, v. NEW DIMENSIONS IN EDUCATION, INC., Defendant.

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

July 8, 1977.

Attorney(s) appearing for the Case

Rogers, Hoge & Hills, New York City, for plaintiff by Marie V. Driscoll, New York City, of counsel.

Weil, Gotshal & Manges, New York City, for defendant by Michael D. Hess, Phyllis N. Segal, New York City, of counsel.

MEMORANDUM AND ORDER

KEVIN THOMAS DUFFY, District Judge.

This is an action for declaratory relief whereby plaintiff seeks a judgment (1) that it is not interfering with any contractual rights of the defendant; (2) that plaintiff's mathematics program does not infringe any copyrights claimed by defendant; (3) that plaintiff is not guilty of unfair competition; and (4) that defendant is barred by estoppel and acquiescence from asserting against plaintiff claims...

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