O. K. JELKS & SON v. TOM HUSTON PEANUT CO.

No. 6128.

52 F.2d 4 (1931)

O. K. JELKS & SON et al. v. TOM HUSTON PEANUT CO.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied September 16, 1931.


Attorney(s) appearing for the Case

Wm. D. Jones, Jr., of Jacksonville, Fla., Paul Eaton, of Charlotte, N. C., and Charles R. Fenwick and Melville Church, both of Washington, D. C. (Blount & Jones, of Jacksonville, Fla., on the brief), for appellants and cross-appellees.

Harold Hirsch, of Atlanta, Ga., J. L. Stackpole, of Boston, Mass., L. B. Mann, of Chicago, Ill., Walter F. Rogers, of Jacksonville, Fla., and J. Madden Hatcher, of Columbus, Ga. (Hatcher & Hatcher, of Columbus, Ga., on the brief), for appellee and cross-appellant.

Before BRYAN, FOSTER, and SIBLEY, Circuit Judges.


FOSTER, Circuit Judge.

Tom Huston, a citizen of Georgia, brought a suit in equity against O. K. Jelks & Son, a partnership composed of Oliver Kibbee Jelks and Donald Kibbee Jelks, citizens of Florida, and against the individual partners, to enjoin infringement of United States letters patent No. 1,603,207, issued to the said Tom Huston on October 12, 1926; to enjoin unfair competition in the business of selling salted peanuts; and for damages. Later, the Tom Huston...

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