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COOK & NICHOL, INC. v. PLIMSOLL CLUB

No. 71-1270 Summary Calendar.

451 F.2d 505 (1971)

COOK & NICHOL, INC., Plaintiff-Appellant, v. The PLIMSOLL CLUB, Leo S. Weil et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 28, 1971.

Attorney(s) appearing for the Case

John W. Haygood, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, La., for plaintiff-appellant.

Harvey C. Koch, Frederick A. Kullman, Harvey J. Lewis, Beard, Blue, Schmitt & Treen, Kierr & Gainsburgh, New Orleans, La., for defendants-appellees.

Before JOHN R. BROWN, Chief Judge, and INGRAHAM and RONEY, Circuit Judges.

JOHN R. BROWN, Chief Judge:

This heated controversy over air cooling the members of New Orleans' Plimsoll Club proves again that a complaint above the Plimsoll line may not be dismissed for failure to state a claim. It reminds us of the need for periodic exercise, for over and over and over again —but apparently not often enough—this Court has stated, explained, reiterated, stressed, rephrased, and emphasized one simple, long-established, well-publicized...

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