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J.M. FIELDS OF ANDERSON, INC. v. KROGER CO.

No. 19655.

310 F.2d 562 (1962)

J. M. FIELDS OF ANDERSON, INC., Appellant, v. The KROGER CO., Appellee.

United States Court of Appeals Fifth Circuit.

November 30, 1962.

Attorney(s) appearing for the Case

William C. Calhoun, Augusta, Ga., Warren J. Kaps, Jersey City, N. J., Stein & Kripke, Jersey City, N. J., and Calhoun & Mobley, Augusta, Ga., of counsel; George L. Garrison, Paterson, N. J., on the brief, for appellant.

Robert C. Norman, James E. Johnson, Jr., Augusta, Ga., Hull, Willingham, Towill & Norman, Augusta, Ga., of counsel, for appellee.

Before TUTTLE, Chief Judge, BROWN, Circuit Judge, and JOHNSON, District Judge.

JOHNSON, District Judge.

This is an action by The Kroger Co. to enjoin J. M. Fields of Anderson, Inc., preliminarily from operating a grocery store in the Southgate Plaza Shopping Center located in Augusta, Georgia. The case is before this Court from an order of the District Court enjoining J. M. Fields of Anderson, Inc.;1 the order was entered after notice and a full hearing based upon "all the...

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