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BEN ELFMAN & SON, INC. v. CRITERION MILLS, INC.

Civ. A. No. 87-2696-T.

774 F.Supp. 683 (1991)

BEN ELFMAN & SON, INC., a Massachusetts corporation, and Ben Elfman & Son, Inc., a Connecticut corporation, Plaintiffs, v. CRITERION MILLS, INC., and Benj. Berman, Inc., Defendants.

United States District Court, D. Massachusetts.

October 3, 1991.

Attorney(s) appearing for the Case

James D. St. Clair, James C. Burling, John J. Falvey, Jr., Hale and Dorr, Boston, Mass., for plaintiffs.

Donald B. Gould, Goodwin, Procter & Hoar, Boston, Mass., for Criterion Mills.

Ira N. Glauber, Sanford S. Asher, Jaffee and Asher, New York City, for Benj. Berman, Inc.

Sanford F. Remz, Widett, Slater & Goldman, Boston, Mass., for defendants.

MEMORANDUM

TAURO, District Judge.

Ben Elfman & Son, Inc. ("Elfman"), has distributed carpeting and other floor covering, since 1907, from offices in Chelsea, Massachusetts.1 Elfman purchases carpeting from suppliers and sells it to retailers under its own labels.2 Defendant Criterion Mills, Inc. ("Criterion"), a Georgia corporation, supplied carpeting...

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