Industrial Fasteners Corporation v. Dennis A. Moore, D/B/A Southern Industrial Fastener Corp., and Southern Industrial Fastener Corp.
This text of 308 F.2d 808 (Industrial Fasteners Corporation v. Dennis A. Moore, D/B/A Southern Industrial Fastener Corp., and Southern Industrial Fastener Corp.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
A careful reading and consideration of the complaint leaves us in no doubt that the district court erred in granting the defendants’ motion to dismiss, under the principles adequately stated in Aetna Casualty & Surety Co. v. Aetna Auto Finance, Inc., 5 Cir., 1941, 123 F.2d 582, 584, and John Walker & Sons, Ltd. v. Tampa Cigar Co., Inc., 5 Cir., 1952, 197 F.2d 72, 73, 74.
The judgment of the district court is reversed and the cause is remanded with directions to overrule the motion to dismiss and for further proceedings not inconsistent herewith.
Reversed and remanded.
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308 F.2d 808, Counsel Stack Legal Research, https://law.counselstack.com/opinion/industrial-fasteners-corporation-v-dennis-a-moore-dba-southern-ca5-1962.