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PHILIP MORRIS INC. v. LOEW'S THEATRES, INC.

No. 80 Civ. 4082 (RWS).

511 F.Supp. 855 (1980)

PHILIP MORRIS INCORPORATED, Plaintiff, v. LOEW'S THEATRES, INC., d/b/a Lorillard, Defendant.

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

July 26, 1980.

Attorney(s) appearing for the Case

Conboy, Hewitt, O'Brien & Boardman, New York City, for plaintiff; Myron D. Cohen, Anthony L. Fletcher, David Rees Davies, New York City, of counsel.

Weil, Gotshal & Manges, New York City, for defendant; Robert G. Sugarman, Helen D. Jaffe, Jerome C. Pontillo, Surie Rudoff, New York City, of counsel.

OPINION

SWEET, District Judge.

Plaintiff Philip Morris Incorporated ("Philip Morris") filed an action in this court alleging a violation of Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), as well as various common law and state law torts committed by defendant Loew's Theatres, Inc., doing business as Lorillard ("Lorillard"). The acts of Lorillard which are the subject of the complaint consist of the publication in various media of comparative...

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