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SIDAG AKTIENGESELLSCHAFT v. SMOKED FOODS PRODUCTS

No. 84-4664.

776 F.2d 1270 (1985)

SIDAG AKTIENGESELLSCHAFT, a Corporation of Switzerland and Sicilia Di R. Biebow & Co., a Limited Partnership of Italy, Plaintiffs-Appellants, v. SMOKED FOODS PRODUCTS CO., INC., a Corporation of the State of Mississippi, Marcus Cox, Ronald C. Cox and Sales U.S.A., Inc., Defendants-Third Party Plaintiffs-Appellees, v. Sicilia Di R. BIEBOW, Rolf Biebow & Eurolim, Ltd., Third Party Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

November 19, 1985.

Attorney(s) appearing for the Case

Ringer, Clapp & Clark, Roger C. Clapp, Florence, Miss., Stephen Schnitzer, Livingston, N.J., and Morris M. Schnitzer, Newark, N.J., for plaintiffs-appellants.

Young, Scanlon & Sessums, James Leon Young and E. Stephen Williams, Jackson, Miss., for Marcus Cox and Smoked Foods.

L. Dan Tucker, John M. Cone, Dallas, Tex., for Ronald Cox & Sales.

Before CLARK, Chief Judge, POLITZ and JONES, Circuit Judges.

OPINION

EDITH HOLLAN JONES, Circuit Judge:

Appellants Sidag, A.G. and Sicilia Di R. Biebow & Company (collectively, "Sicilia") challenge the Mississippi trial court's dismissal of two defendants and partial summary judgment in favor of the remaining two defendants on grounds of res judicata and collateral estoppel. Sicilia created the litigational concoction from which it seeks relief when it filed two simultaneous lawsuits, in Texas and Mississippi...

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