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TOSH v. BUDDIES SUPERMARKETS, INC.

No. 72-3017.

482 F.2d 329 (1973)

Charles A. TOSH et al., Plaintiffs-Appellants, v. BUDDIES SUPERMARKETS, INC., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 22, 1973.

Attorney(s) appearing for the Case

Marvin Menaker, Dallas, Tex., George H. Cohen, Carl L. Taylor, Retail Clerks International Assoc., Washington, D. C., for plaintiffs-appellants.

J. A. Gooch, Edward L. Kemble, S. G. Johndroe, Jr., City Atty., Fort Worth, Tex., Stanley E. Wilkes, Jr., Arlington, Tex., for defendants-appellees.

Before WISDOM, GEWIN and CLARK, Circuit Judges.

CLARK, Circuit Judge:

This action sought damages and injunctive relief under 42 U.S.C. § 1983 and damages under a pendent state law libel and slander claim: After a nonjury trial the district court rendered judgment in favor of the defendants. Finding that the case turns on its singular facts, we affirm. Ex facto jus oritur.

The claims asserted arise out of an unsuccessful attempt1 by the Retail Clerks International...

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