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LOMBARD'S, INC. v. PRINCE MFG., INC.

Nos. 84-5547, 84-5660 Non-Argument Calendar.

753 F.2d 974 (1985)

LOMBARD'S, INC., Plaintiff-Appellant, v. PRINCE MANUFACTURING, INC. and Chesebrough-Pond's Inc., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

February 21, 1985.

Attorney(s) appearing for the Case

Lawrence R. Metsch, Hauser & Metsch, P.A., Lydia A. Fernandez, Miami, Fla., for plaintiff-appellant.

Scott D. Sheftall, Floyd, Pearson, Richman, Greer, Weil, Zack & Brumbaugh, P.A., Miami, Fla., for defendants-appellees.

Before GODBOLD, Chief Judge, KRAVITCH and HATCHETT, Circuit Judges.

GODBOLD, Chief Judge:

This is a consolidated appeal of the trial court's dismissal of Lombard's amended complaint for failure to state a claim upon which relief can be granted and denial of Lombard's motion for leave to depose two party witnesses pending appeal. We affirm.

The relevant paragraphs of Lombard's amended complaint provide:

10. Upon information and belief, PRINCE, together with PRINCE dealers and others at this time unknown to LOMBARD...

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