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COCLIN TOBACCO CO. v. BROWN & WILLIAMSON TOBACCO CORP.

No. 177, Docket 30007.

353 F.2d 727 (1965)

COCLIN TOBACCO CO., Inc., Plaintiff-Appellant, v. BROWN & WILLIAMSON TOBACCO CORPORATION, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided November 18, 1965.

Attorney(s) appearing for the Case

P. Jay Flocken, Washington, D. C. (George D. Reycraft, Washington, D. C., and Cadwalader, Wickersham & Taft, New York City, on the brief), for plaintiff-appellant.

David Hartfield, Jr., New York City (Rayner M. Hamilton and White & Case, New York City, on the brief), for defendant-appellee.

Before MEDINA, WATERMAN and SMITH, Circuit Judges.

PER CURIAM.

Having previously examined the briefs of counsel and the entire record, we heard oral argument and affirmed in open court.

The action was commenced on April 30, 1962. Thereafter the complaint was twice amended, a motion to quash the service of process on defendant British American Tobacco Company was granted after opposition and nothing was done by plaintiff or on plaintiff's behalf. The case was called on June 12, 1963 on a Special Review Calendar...

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