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W. GOEBEL PORZELLANFABRIK v. ACTION INDUSTRIES

No. 83 Civ. 8490 (GLG).

589 F.Supp. 763 (1984)

W. GOEBEL PORZELLANFABRIK, Plaintiff, v. ACTION INDUSTRIES, INC., Defendant.

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

July 19, 1984.

Attorney(s) appearing for the Case

Brumbaugh, Graves, Donohue & Raymond by Granville M. Brumbaugh, Sr., Richard G. Fuller, Jr., Robert Neuner, Parker H. Bagley, New York City, and Davis, Polk & Wardwell, New York City, for plaintiff; Bartlett H. McGuire, New York City, of counsel.

Titus, Marcus & Shapira by Paul H. Titus, Pittsburgh, Pa., and Nims, Howes, Collison & Isner, New York City, for defendant/counterclaimant; Kenneth R. Umans, New York City, of counsel.

OPINION

GOETTEL, District Judge:

Before the Court is a motion by plaintiff W. Goebel Porzellanfabrik ("Goebel") to dismiss the antitrust counterclaims brought by defendant Action Industries, Inc. ("AII"), in response to Goebel's complaint charging AII with copyright infringement. AII charges that Goebel's business practices restrained trade in violation of the antitrust laws, that the infringement suit itself was part of the antitrust conspiracy, and that...

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