Legal Opinion

Warehouse Groceries Management, Inc., a Corporation v. Sav-U-Warehouse Groceries, Inc., a Corporation

Court of Appeals for the Fifth Circuit

Decided August 21, 1980No. 79-1131PublishedCited by 18 opinions

1Opinion of the Court

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 denied the permanent injunction and dismissed the case, including pendent state claims for unfair competition.

The appellants…

2Cases cited9 opinions

  1. United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
  2. Hagans v. LavineSupreme Court of the United States · 1974
  3. The Canal Authority of the State of Florida v. Howard H. Callaway, Secretary of the United States Army, the Cross-Florida Canal Association v. Howard H. Callaway, Secretary of the United States Army, Eleanor H. Miller v. Avery S. Fullerton, Environmental Defense Fund, Inc. v. Corps of Engineers of the United States Army, J. G. Perko v. The Canal Authority of the State of Florida, Etc.Court of Appeals for the Fifth Circuit · 1974
  4. Blackshear Residents Organization v. George Romney, Secretary, U. S. Department of Housing and Urban DevelopmentCourt of Appeals for the Fifth Circuit · 1973
  5. Melvin Perry and Next Friend, Phyllis Brown v. Clarence JonesCourt of Appeals for the Fifth Circuit · 1975

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3Cited by18 opinions

  1. Rodriguez-Bruno v. Doral MortgageCourt of Appeals for the First Circuit · 1995
  2. L.A. Draper & Son v. Wheelabrator-Frye, Inc., a Corporation Hessco Industrial Supply, Inc., a Corporation Fred Z. Hester, an IndividualCourt of Appeals for the Eleventh Circuit · 1984
  3. Brenda Phillips v. Smalley Maintenance Services, Inc., a Corporation, and Ray Smalley, IndividuallyCourt of Appeals for the Eleventh Circuit · 1983
  4. Roland Ware v. Kenneth Dean Reed, as an Individual and in His Capacity as Sheriff of Caldwell County, TexasCourt of Appeals for the Fifth Circuit · 1983
  5. H & W Industries, Inc. v. Formosa Plastics Corp., USA and Formosa Plastics Corp., Texas and J-M Manufacturing CompanyCourt of Appeals for the Fifth Circuit · 1988

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