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STANDARD & POOR'S CORP. v. COMMODITY EXCHANGE

No. 82 Civ. 2545(MP).

538 F.Supp. 1063 (1982)

STANDARD & POOR'S CORPORATION, Plaintiff, v. COMMODITY EXCHANGE, INC., Defendant.

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

May 13, 1982.

Attorney(s) appearing for the Case

Darby & Darby, P. C., New York City, for plaintiff; William F. Dudine, Jr., Maxim H. Waldbaum, Ethan Horwitz, Adda C. Gogoris, New York City, of counsel.

Baer, Marks & Upham, New York City, for defendant; Eugene R. Scheiman, Barry J. Mandel, Allan Dinkoff, New York City, of counsel.

DECISION

MILTON POLLACK, District Judge.

General Findings of Fact

The plaintiff seeks a preliminary injunction pursuant to Rule 65 Federal Rules of Civil Procedure against defendant's use (or misuse) of plaintiff's carefully calculated 500 equity stock index in respect of futures contracts based thereon and traded on defendant's commodity exchange and against defendant's misuse of plaintiff's trade name, trademarks and reputation.

The jurisdiction...

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