RHEA v. BACON

No. 8164.

87 F.2d 976 (1937)

RHEA et al. v. BACON et al.

Circuit Court of Appeals, Fifth Circuit.

February 10, 1937.


Attorney(s) appearing for the Case

Wm. H. Watson, Samuel Pasco, and C. J. Brown, all of Pensacola, Fla., and Carl Marshall, of Gulfport, Miss., for appellants.

John M. Coe, of Pensacola, Fla., for appellees.

Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges.


HOLMES, Circuit Judge.

On motion of appellees, admitting the facts well pleaded, the bill of complaint was dismissed by the District Court for want of equity on its face. The suit was to enjoin appellees from using the name, "Inn-By-The-Sea," or any similar appellation, in the operation of their hotel near Fort Walton, Fla. The necessary jurisdictional allegations, both as to parties and amount, are present, and the contentions relate (1) to the ownership of the name...

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