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DAY COMPANIES, INC. v. PATAT, JR.

No. 26093.

403 F.2d 792 (1968)

The DAY COMPANIES, Inc., Appellant, v. Claud T. PATAT, Jr., et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied December 23, 1968.

Certiorari Denied March 3, 1969.

Attorney(s) appearing for the Case

William J. Threadgill, Threadgill & Smith, Columbus, Miss., James D. Maddox, Matthews, Maddox, Walton & Smith, Rome, Ga., for appellant.

H. A. Stephens, Charles F. Barnwell, Atlanta, Ga., Marson G. Dunaway, Jr., Rockmart, Ga., for appellees; Smith, Cohen, Ringel, Kohler, Martin & Lowe, Atlanta, Ga., of counsel.

Before BELL and MORGAN, Circuit Judges, and GUINN, District Judge.

Certiorari Denied March 3, 1969. See 89 S.Ct. 993.

LEWIS R. MORGAN, Circuit Judge:

This diversity action sought injunctive relief and damages for the enforcement of a covenant not to compete, allegedly violated by defendants Claud T. Patat, Jr., John L. Farris, and Patat Plywood Corporation. Appellant is The Day Companies, Inc., successor to Columbus Packing Company, Inc.

The appellees, Patat, et al., filed a motion to dismiss pursuant to Rule 12(b...

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