People's Tobacco Co. v. American Tobacco Co.
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Louisiana. Omitting the several letters and other exhibits referred to, the following are all the averments and statements of the plaintiff’s petition filed in the court •below: “The petition of the People’s Tobacco Company, Limited, a corporation organized under and created by the laws of the state of Louisiana, domiciled in the parish of Orleans, state of Louisiana, and a citizen of said state,…
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In Error to the Circuit Court of the United States for the Eastern District of Louisiana. Omitting the several letters and other exhibits referred to, the following are all the averments and statements of the plaintiff’s petition filed in the court •below: “The petition of the People’s Tobacco Company, Limited, a corporation organized under and created by the laws of the state of Louisiana, domiciled in the parish of Orleans, state of Louisiana, and a citizen of said state, in the Eastern district thereof, and a resident of said sta,te, through J. Oury, its ¡president, respectfully…
1Opinion of the CourtShelby, Circuit Judge
(after stating the facts as above). This is an action for threefold damages under section 7, Act July 2, 1890 (chapter 647, 26 Stat. 210 [U. S. Comp. St. 1901, p. 3202]). An exception of no cause of action was sustained by the court fcelow. The sole question therefore is whether, on the facts alleged in the petition and admitted by the exception, this action can be maintained. The question can only be decided by an examination of the relevant parts of the act (which we copy in the margin1) in connection with the aver-ments of the petition.
*407The first and second sections of the statute describe…
2Cases cited1 opinion
- Loewe v. LawlorSupreme Court of the United States · 1908
3Cited by9 opinions
- Leonia Amusement Corp. v. Loew's Inc.District Court, S.D. New York · 1953
- Lynch v. Magnavox Co.Court of Appeals for the Ninth Circuit · 1938
- Buckeye Powder Co. v. E. I. Du Pont de Nemours Powder Co.District Court, D. New Jersey · 1912
- Ware-Kramer Tobacco Co. v. American Tobacco Co.U.S. Circuit Court for the District of Eastern North Carolina · 1910
- Strout v. United Shoe Machinery Co.District Court, D. Massachusetts · 1912
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