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KENTUCKY FRIED CHICKEN CORP. v. DIVERSIFIED PACKAGING CORP.

No. 76-3059.

552 F.2d 601 (1977)

KENTUCKY FRIED CHICKEN CORPORATION, a Delaware Corporation, Plaintiff-Appellant, v. DIVERSIFIED PACKAGING CORPORATION et al., Defendants-Appellees, v. HEUBLEIN, INC., Movant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 18, 1977.

Attorney(s) appearing for the Case

William J. Dunaj, Robert Pondolfi, Miami, Fla., Robert R. Feagin, III, Tallahassee, Fla., Michael J. McGraw, Gen. Counsel, Louisville, Ky., for Kentucky Fried Chicken Corp. and Heublein, Inc.

Burton H. Shostak, St. Louis, Mo., Edward F. O'Herin, Malden, Mo., Philip de V. Claverie, New Orleans, La., for Diversified Packaging Corp.

Before WISDOM, GEE and FAY, Circuit Judges.

WISDOM, Circuit Judge:

This appeal involves a vexatious attempt by losing parties in a Florida district court to relitigate substantially the same issues in a Kentucky district court.

I.

In 1973 Kentucky Fried Chicken (KFC) sued Diversified Container Corporation and Diversified Packaging Corporation in the United States District Court for the Southern District of Florida for unfair competition and trademark...

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