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WAREHOUSE GROCERIES MANAGEMENT v. SAV-U-WAREHOUSE

No. 79-1131.

624 F.2d 655 (1980)

WAREHOUSE GROCERIES MANAGEMENT, INC., a corporation, et al., Plaintiffs-Appellants, v. SAV-U-WAREHOUSE GROCERIES, INC., a corporation, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 21, 1980.

Attorney(s) appearing for the Case

Thad G. Long, Walter J. Sears, III, Birmingham, Ala., Julius R. Lunsford, Jr., Atlanta, Ga., for plaintiffs-appellants.

Denaburg, Schoel, Meyerson & Ogle, Richard F. Ogle, Birmingham, Ala., Jennings, Carter & Thompson, Hugh P. Carter, Birmingham, Ala., for defendant-appellee.

Before TUTTLE, RANDALL and TATE, Circuit Judges.

TUTTLE, Circuit Judge:

This is an appeal by the plaintiffs in a suit under the Lanham Act, 15 U.S.C. § 1125(a) for preliminary and permanent injunction and for damages against the defendant. The trial court denied the preliminary injunction and, invoking Rule 42(b), Federal Rules of Civil Procedure, after the hearing on the motion for preliminary injunction, consolidated the hearing on the merits of the case with the hearing for preliminary injunction, and accordingly...

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