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PENNSYLVANIA LIFE INS. CO. v. COMMERCIAL TRAV. L. & A. INS. CO.

No. 18673.

290 F.2d 226 (1961)

PENNSYLVANIA LIFE INSURANCE COMPANY and United Insurance Company of America, Appellants, v. COMMERCIAL TRAVELERS LIFE AND ACCIDENT INSURANCE COMPANY et al., Appellees.

United States Court of Appeals Fifth Circuit.

May 17, 1961.

Attorney(s) appearing for the Case

Carlisle Blalock, Dallas, Tex., John F. Pearne, Cleveland, Ohio, Arthur Toll, Beverly Hills, Cal., (Robert C. Coplan, Benesch, Friedlander, Mendelson, Gnau & Coplan, Cleveland, Ohio, Gerald R. Coplin, Tobolowsky, Hartt, Schlinger & Blalock, Dallas, Tex., Ely, Pearne & Gordon, Cleveland, Ohio, on the brief), for plaintiffs-appellants.

O. A. Fountain, Robert W. Porter, Dallas, Tex., (Brundidge, Fountain, Elliott & Bateman, Dallas, Tex., Attys., for Commercial Travelers Life and Accident Ins. Co., and George R. Lee; Fleming A. Waters, Dallas, Tex., Atty., for Michael J. Wyckoff; Thompson, Coe, Cousins & Irons, Dallas, Tex., Attys. for Jay B. Rubin and Leslie C. Green, Jr., on the brief), for appellees.

Before TUTTLE, Chief Judge, and HUTCHESON and JONES, Circuit Judges.

HUTCHESON, Circuit Judge.

This is an appeal by plaintiff below from an order entered by the district judge, denying plaintiffs' motion and prayer for a preliminary injunction and vacating and setting aside the temporary restraining order theretofore entered in the cause.

Based on claims of unfair competition and unfair trade, the suit sought not only a temporary and preliminary injunction, but a final injunction and damages, and, in denying the claim for interlocutory...

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