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CITY MESSENGER SERVICE v. CAPITOL RECORDS DISTRIBUTING CORP.

No. 71-1012.

32 Ohio Misc. 231 (1971)

CITY MESSENGER SERVICE OF HOLLYWOOD, INC. D. B. A. CITY MESSENGER AIR EXPRESS v. CAPITOL RECORDS DISTRIBUTING CORP.

United States Court of Appeals, Sixth Circuit.

Decided August 12, 1971.

Attorney(s) appearing for the Case

Mr. Thomas E. Rubbert, for plaintiffs-appellants, Messrs. Goldman, Cole & Putnick, on brief.

Mr. Thomas B. Brush, for defendant-appellee; Messrs. Paxton & Seasongood, on brief.

Before PHILLIPS, Chief Judge, and BROOKS and KENT, Circuit Judges.

Per Curiam.

This is an appeal from an order of dismissal by the District Court. The facts are sufficiently set forth in the opinion of District Judge Timothy Hogan, 32 Ohio Misc. 225, 327 F.Supp. 970 (S. D. Ohio, 1971). The parties will be described as in the District Court.

Briefly, the facts are as follows: The plaintiff is an

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