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HUDEPOHL BREWING CO. v. BANNISTER

No. 360.

50 F.Supp. 422 (1943)

HUDEPOHL BREWING CO. v. BANNISTER.

District Court, W. D. South Carolina.

June 30, 1943.

Attorney(s) appearing for the Case

Watkins & Prince, of Anderson, S. C., and Blythe & Bonham, of Greenville, S. C., for plaintiff.

Oscar H. Doyle and T. S. Banister, both of Anderson, S. C., for defendant.

WYCHE, District Judge.

This matter is before me a second time on defendant's motion to dismiss.

On February 16, 1942, plaintiff filed an action1 against the defendant, and sought to recover on the same cause of action set forth in the complaint now under consideration. The first complaint was dismissed on the ground that it did not state a claim upon which relief could be granted, (D.C., 45 F.Supp. 201

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