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HARTLEY & PARKER, INC. v. FLORIDA BEVERAGE CORPORATION

No. 21234.

348 F.2d 161 (1965)

HARTLEY & PARKER, INC., Appellant, v. FLORIDA BEVERAGE CORPORATION and American Distilling Company, Appellees.

United States Court of Appeals Fifth Circuit.

July 14, 1965.

Attorney(s) appearing for the Case

John B. Orr, Jr., Herbert L. Kaplan, Orr & Kaplan, Miami, Fla., for appellant.

W. G. Ward, Ward & Ward, Arthur S. Friedman, Miami, Fla., Edward S. King, Chicago, Ill., for appellee, American Distilling Co.

Before JONES and BELL, Circuit Judges, and HUNTER, District Judge.

GRIFFIN B. BELL, Circuit Judge:

We reversed the judgment of the District Court on the previous appearance of this antitrust case. Hartley & Parker, Inc. v. Florida Beverage Corporation, 5 Cir., 1962, 307 F.2d 916. The reversal was premised on the error of the court in having dismissed the treble damages complaint for failure to state a claim on which relief could be granted. The plaintiff in the District Court, Hartley & Parker...

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