Brooks Bros. v. Brooks Clothing of California, Ltd.

Caution
5 F.R.D. 14·68 U.S.P.Q. (BNA) 38·1945 U.S. Dist. LEXIS 1425
United States District Court, Southern District of CaliforniaJuly 16, 1945Civil Action No. 3580-YCalifornia2,055 words

Opinion

Lead Opinion

Yankwich, J.

Ridings:

The following matters which, by order entered on June 12, 1945, were ordered sub *15 mitted as of June 23, 1945—the final date for the filing of the plaintiff’s reply brief to the brief of the defendant tendered in support of its motions—are now decided as follows:

I. The objections of the plaintiff to certain portions of the Findings and Judgment, as ordered by the decision of the Court filed on May 5, 1945, are, and each of them is, overruled. D.C., 60 F.Supp. 442 .

II. The objections of the defendant to the Findings and Judgment proposed by the plaintiff are, and each of them is, overruled.

III. The application and motion of the defendant for judgment denying the plaintiff all relief, or, in the alternative, for a modification of the proposed judgment ordered to be prepared by the decision of May 5, 1945, are, and each of them is, denied.

IV. The motions of the defendant:

(a) To entertain and consider the verified application of the defendant to modify the judgment, and to hold appropriate hearing thereon;

(b) To modify the memorandum of decision and opinion of the Court dated and filed on May 5, 1945;

(c) To grant such equitable relief to the defendant which…

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