MEMORANDUM AND ORDER
KEVIN THOMAS DUFFY, District Judge.
Plaintiff Selchow and Righter ("S & R") brings this action against defendant McGraw-Hill Book Company ("McGraw-Hill") for trademark infringement under 15 U.S.C. § 1114 (1970), misrepresentation under 15 U.S.C. § 1125(a) (1970) and unfair competition and trademark dilution under state law. These claims have been asserted
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