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Habitat Design Holdings Limited v. Habitat Inc.

February 17, 1978

HABITAT DESIGN HOLDINGS LIMITED, ET AL.
v.
HABITAT, INC.



Before Lumbard, Timbers, and Gurfein, Circuit Judges.

Per curiam.

This cause came on to be heard on the transcript of record from the United States District Court for the Southern District of New York, and was argued by counsel.

On consideration whereof, it is now hereby ordered, adjudged, and decreed that the judgment of said District Court be and it hereby is modified as follows:

Habitat, Inc. is permitted either to remove its merchandise from the United States or to use them to fill mail orders in the United States which originate in England in lieu of delivery for destruction.

As thus modified, the judgment is affirmed on the opinion of Judge Cannella, 436 F.Supp. 327, 196 USPQ 425 (S.D.N.Y. 1977), and the case is remanded to the district court to implement the modification provided for above.

19780217

© 1998 VersusLaw ...

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