WEISERT BROS. TOBACCO CO. v. AMERICAN TOBACCO CO. et al. LARUS & BRO. CO. v. SAME.
(Circuit Court, S. D. New York.
July 10, 1908.)
Harlan F. Stone, for plaintiff.
A. H. Burroughs, for defendants American Tobacco Company and Mac-Andrews & Forbes Company.
Nicoll, Anable, Lindsay & Fuller (De Lancey Nicoll, of counsel), for defendants James B. Duke and Karl Jungbluth.
[MAJORITY — RAY, District Judge.]
RAY, District Judge.
In United States Tobacco Company v. American Tobacco Company et al., 163 Fed. 701, I have stated some of the reasons which lead me to the conclusion that a cause of action is stated in that case. A reading of the complaints in the above cases leads me to the same conclusion therein.
Demurrers overruled, with costs. On payment thereof in 30 days, defendants may answer.