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RED LOBSTER INNS OF AMERICA, INC. v. NEW ENGLAND OYSTER HOUSE, INC.

No. 74-3532.

524 F.2d 968 (1975)

The RED LOBSTER INNS OF AMERICA, INC., Plaintiff-Appellant, v. NEW ENGLAND OYSTER HOUSE, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

December 12, 1975.

Attorney(s) appearing for the Case

Dean A. Olds, Chicago, Ill., Eugene L. Heinrich, Ft. Lauderdale, Fla., Harold D. Jastram, Minneapolis, Minn., George T. Williams, Orlando, Fla., for plaintiff-appellant.

Harry G. Carratt, Ft. Lauderdale, Fla., for defendant-appellee.

Before GEWIN, BELL and SIMPSON, Circuit Judges.

PER CURIAM:

By its Order of July 15, 1974,1 entered after hearing, the district court granted the defendant, New England Oyster House, Inc.'s (New England) Motion to Dismiss the plaintiff, The Red Lobster Inns of America, Inc.'s (Red Lobster) Amended Complaint and dismissed this cause for lack of subject matter jurisdiction, for failure to allege a justiciable controversy under the Declaratory Judgment Act, Title 28, U.S.C., Section 2201...

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