O'BRIEN v. PABST SALES CO.

No. 9892.

124 F.2d 167 (1941)

O'BRIEN v. PABST SALES CO.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied January 2, 1942.


Attorney(s) appearing for the Case

R. G. Storey, of Dallas, Tex., for appellant.

Alex F. Weisberg, of Dallas, Tex., and Edward S. Rogers and William T. Woodson, both of Chicago, Ill., for appellee.

Before FOSTER, HUTCHESON, and HOLMES, Circuit Judges.


HUTCHESON, Circuit Judge.

Plaintiff, in physique as in prowess as a hurler, a modern David, is a famous football player. Defendant, in bulk, if not in brass and vulnerability, a modern Goliath, is a distributor of Pabst beer. Plaintiff, among other honors received during the year 1938, was picked by Grantland Rice on his Collier's All American Football Team. Defendant, as a part of its advertising publicity for 1939, following its custom of getting out football schedule...

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