Institutional Drug Distributors v. Yankwich

249 F.2d 566 INSTITUTIONAL DRUG DISTRIBUTORS, Inc., a California Corporation, Petitioner, v. Hon. Leon YANKWICH, as Chief Judge of the United States District Court of the Southern District of California, Central Division, Respondent. Misc. No. 637. United States Court of Appeals Ninth Circuit. June 20, 1957. Weller & Corinblit, Elwood Kendrick, and Jack Corinblit, Los Angeles, Cal., for petitioner. Before LEMMON, FEE and BARNES, Circuit Judges. JAMES ALGER FEE, Circuit Judge. 1 An application for leave to file petition for writ of mandate has been lodged with the Clerk of this Court. It sets up that a civil complaint was filed on May 7, 1956, in the United States District Court for the Southern District of California, Central Division, entitled G. D. Searle & Co., a corporation, plaintiff, v. Institutional Drug Distributors, Inc., a California corporation, et al., No. 19884-Y. There are three causes of action therein. One cause alleged infringement and the other two unfair competition. The relief sought is injunction pendente lite, and thereafter permanently, and accounting for profits and damages suffered by plaintiff as a result thereof. Petitioner filed an answer, which…