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TAMPA CIGAR COMPANY v. JOHN WALKER & SONS

No. 15342.

222 F.2d 460 (1955)

TAMPA CIGAR COMPANY, Inc., Appellant, v. JOHN WALKER & SONS, Limited, Appellee.

United States Court of Appeals Fifth Circuit.

May 13, 1955.

Attorney(s) appearing for the Case

E. O. Palermo, Tampa, Fla., for appellant.

Ellis W. Leavenworth, New York City, Harry B. Terrell, Whitaker, Whitaker & Terrell, Tampa, Fla., for appellee. Leslie D. Taggart, Watson Leavenworth Kelton & Taggart, New York City, of counsel.

Before RIVES, TUTTLE and CAMERON, Circuit Judges.

CAMERON, Circuit Judge.

The pattern of this decision is set by what we wrote when the case was before us on the former appeal,1 and what the district court did upon remand when he tried the case on the merits. We reversed a judgment which sustained a motion to dismiss and held that the complaint stated good grounds for relief. Upon the trial, the district court found that the evidence supported...

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