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A bid by Macy's to stop JC Penney Co. from selling products designed by Martha Stewart Living Omnimedia Inc. will be denied, a New York judge said after a hearing. Justice Jeffrey Oing in Manhattan today said he will rule against Macy's request for a preliminary injunction blocking JC Penney from taking any steps under an agreement reached with Martha Stewart Living last year. Macy's sued Martha Stewart Living in January to stop it from executing a sales agreement with JC Penney announced in December, with Macy's claiming an exclusive right to sell Martha Stewart products in certain categories.
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