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DUBROW v. NEW DUBROW'S, INC.

No. 22405.

355 F.2d 194 (1966)

Irwin DUBROW, d/b/a Dubrows Seventh Company, Dubrow Parkway, Inc., Kings Mayflower, Inc., Dubrow Retail Shops, Inc. and 34th Street Canteen, Inc., Appellants, v. NEW DUBROW'S, INC., Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied February 23, 1966.

Attorney(s) appearing for the Case

Julian R. Benjamin, Cassel & Benjamin, Miami, Fla., for appellants.

Joseph A. Perkins, Philip Cook, Miami, Fla., for appellee.

Before TUTTLE, Chief Judge, WISDOM, Circuit Judge, and FISHER, District Judge.

PER CURIAM:

The appellants, New York members of the Dubrow family, engaged there in the restaurant and related businesses, sought in this action to stop the appellee corporation from operating a Miami, Florida, restaurant under the Dubrow name.

The record on appeal shows that the appellants themselves alleged in their complaint that the Florida Dubrow's cafeteria was organized by George Dubrow, a member of the family; that he sold his stock in the corporation...

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