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VIP FOODS, INC. v. VULCAN PET, INC.

No. 81-1273.

675 F.2d 1106 (1982)

VIP FOODS, INC., Plaintiff-Appellee, v. VULCAN PET, INC., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied May 12, 1982.

Attorney(s) appearing for the Case

R. Michael Booker and James L. Shores, Jr., of Shores & Booker, Birmingham, Ala., for defendant-appellant.

James R. Head of Head & Johnson, Tulsa, Okl., for plaintiff-appellee.

Before SETH, Chief Judge, and McKAY and SEYMOUR, Circuit Judges.

McKAY, Circuit Judge.

This matter was set for oral argument, but for the convenience of counsel was continued. Thereafter, this three-judge court unanimously determined, after examining the briefs and the appellate record, that oral argument would not be of material assistance in the determination of this appeal. In addition, the court solicited specific briefing on the point which is determinative of this appeal. See Fed.R.App.P. 34(a); Tenth Cir.R. 10(e)...

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