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INDUSTRIAL FASTENERS CORPORATION v. MOORE

No. 19669.

308 F.2d 808 (1962)

INDUSTRIAL FASTENERS CORPORATION, Appellant, v. Dennis A. MOORE, d/b/a Southern Industrial Fastener Corp., and Southern Industrial Fastener Corp., Appellees.

United States Court of Appeals Fifth Circuit.

October 30, 1962.

Attorney(s) appearing for the Case

Willis C. Darby, Jr., Kilborn, Darby & Kilborn, Mobile, Ala., for appellant.

M. A. Marsal, Mobile, Ala., for appellees.

Before RIVES, CAMERON and BROWN, Circuit Judges.

PER CURIAM.

A careful reading and consideration of the complaint leaves us in no doubt that the district court erred in granting the defendants' motion to dismiss, under the principles adequately stated in Aetna Casualty & Surety Co. v. Aetna Auto Finance, Inc., 5 Cir., 1941, 123 F.2d 582, 584, and John Walker & Sons, Ltd. v. Tampa Cigar Co., Inc., 5 Cir., 1952, 197 F.2d 72, 73, 74.

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