Long Island Nu Enamel Co. v. Neustein

E.D. New York

Long Island Nu Enamel Co. v. Neustein

8 F. Supp. 526, 1934 U.S. Dist. LEXIS 1434

CourtDistrict Court, E.D. New York

DecidedOctober 17, 1934

DocketNo. 7377

StatusPublished

This text of 8 F. Supp. 526 (Long Island Nu Enamel Co. v. Neustein) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Long Island Nu Enamel Co. v. Neustein, 8 F. Supp. 526, 1934 U.S. Dist. LEXIS 1434 (E.D.N.Y. 1934).

Pincite

Opinion

BYERS, District Judge.

Motion for an injunction pendente lite in án unfair competition ease. ’’ ■ " :

The plaintiff Lpng Island Nu Enamel Company, Inc., is a New York corporation and there is no allegation in the bill that the defendants are residents of any other state; hence diversity of citizenship is not alleged, and cannot be conjectured.

This Court has no jurisdiction of an unfair competition case, where diversity is not shown. General Baking Co. v. Shults Bread Co. (D. C.) 288 F. 954.

As to the other plaintiff Eastern Nu Enamel Company, Inc., the bill alleges that it is a Pennsylvania corporation, but there is no sufficient showing of unfair competition with it, on the part of the defendants, to justify granting an injunction pending final hearing.

Motion denied. Settle order.

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