ALUM-A-FOLD SHUTTER CORP. v. FOLDING SHUTTER CORP.

No. 30913.

441 F.2d 556 (1971)

ALUM-A-FOLD SHUTTER CORPORATION, Plaintiff-Appellant, v. FOLDING SHUTTER CORPORATION et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 7, 1971.


Attorney(s) appearing for the Case

John Cyril Malloy, W. H. Stiles, Miami, Fla., for plaintiff-appellant.

William Phillips, Morton A. Orbach, Phillips & Phillips, P.A., Miami, Fla., for defendants-appellees.

Before WISDOM, BELL and AINSWORTH, Circuit Judges.


BELL, Circuit Judge:

Appellant brought this action in the district court seeking relief against a competitor in the aluminum shutter business for what was styled false representations and misrepresentations in the origin and description of goods in commerce. Jurisdiction was predicated on § 43(a) of the Lanham Act, 15 U.S.C.A. § 1125. See also 15 U.S.C.A. § 1121.1 The district court dismissed on defendant's motion for lack...

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