Legal Opinion

Tampa Cigar Company, Inc. v. John Walker & Sons, Limited

Court of Appeals for the Fifth Circuit

Decided May 13, 1955No. 15342_1PublishedCited by 16 opinions

1Opinion of the Court

CAMERON, Circuit Judge.

The pattern of this decision is set by what we wrote when the case was before us on the former appeal, 1 and what the district court did upon remand when he tried the case on the merits. We reversed a judgment which sustained a motion to dismiss and held that the complaint stated good grounds for relief. Upon the trial, the district court found that the evidence supported the averments of the complaint, 124 F.Supp. 254. It remains, therefore, but to affirm unless we can say that its findings were clearly erroneous. 2

The former opinion sufficiently sets out the facts and…

2Cases cited3 opinions

  1. Pure Foods, Inc. v. Minute Maid Corp.Court of Appeals for the Fifth Circuit · 1954
  2. John Walker & Sons, Limited v. Tampa Cigar Co., IncCourt of Appeals for the Fifth Circuit · 1952
  3. John Walker & Sons v. TAMPA CIGAR COMPANYDistrict Court, S.D. Florida · 1954

3Cited by16 opinions

  1. In re E. I. DuPont DeNemours & Co.Court of Customs and Patent Appeals · 1973
  2. Alfred Dunhill of London, Inc. v. Kasser Distillers Products Corp.District Court, E.D. Pennsylvania · 1972
  3. Chemical Corporation of America v. Anheuser-Busch, IncorporatedCourt of Appeals for the Fifth Circuit · 1962
  4. Sears, Roebuck & Company and Allstate Insurance Company v. All States Life Insurance CompanyCourt of Appeals for the Fifth Circuit · 1957
  5. Holiday Inns, Inc. v. Holiday InnDistrict Court, D. South Carolina · 1973

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