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HOWARD JOHNSON, INC., OF FLORIDA v. TUCKER

No. 11652.

157 F.2d 959 (1946)

HOWARD JOHNSON, Inc., OF FLORIDA v. TUCKER.

Circuit Court of Appeals, Fifth Circuit.

November 18, 1946.

Attorney(s) appearing for the Case

W. O. Mehrtens, of Miami, Fla., for Howard Johnson, Inc., of Florida.

A. R. Johnson and Newman T. Miller, both of West Palm Beach, Fla., for S. J. Tucker.

Before SIBLEY, HUTCHESON, and WALLER, Circuit Judges.

SIBLEY, Circuit Judge.

This is the same case that was before this court in Tucker v. Dr. P. Phillips Co., Inc., et al., 5 Cir., 139 F.2d 601, and Tucker v. Dr. P. Phillips Co., Inc., et al., 5 Cir., 148 F.2d 904. The crux of the controversy has shifted as the litigation has developed, but the petition retains its original prayer "that an accounting may be...

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