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MALTINA CORPORATION v. CAWY BOTTLING COMPANY, INC.

No. 73-2145.

491 F.2d 1391 (1974)

MALTINA CORPORATION and Julio Blanco-Herrera, Plaintiffs-Appellees, v. CAWY BOTTLING COMPANY, INC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 4, 1974.

Attorney(s) appearing for the Case

Peter M. Lopez, Miami, Fla., for defendant-appellant.

J. W. Gipple, Washington, D.C., Fowler, White, Humkey, Burnett, Hurley & Banick, Miami, Fla., for plaintiffs-appellees.

Before ALDRICH, Senior Circuit Judge, BELL and GEE, Circuit Judges.

PER CURIAM:

This is an appeal from the judgment for appellees entered by the district court after our decision on the prior appeal. Maltina Corporation v. Cawy Bottling Company, 5 Cir., 1972, 462 F.2d 1021. We are now presented with the tag end questions which were resolved by the district court following remand. We conclude that the trademark was not assigned in gross; that the trademark was not abandoned by non-use or otherwise...

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