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ZAYRE OF GEORGIA, INC. v. CITY OF MARIETTA

No. 26161.

416 F.2d 251 (1969)

ZAYRE OF GEORGIA, INC., et al., Appellants, v. The CITY OF MARIETTA et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied and Rehearing Denied September 25, 1969.

Attorney(s) appearing for the Case

Hoke Smith, Malcolm H. Ringel, Smith, Cohen, Ringel, Kohler, Martin & Lowe, William T. Johnson, Atlanta, Ga., for Zayre of Georgia, Inc., and S. S. Kresge Co., appellants.

Lawrence B. Custer, Marietta, Ga., for Gibson's Discount Centers, Inc., intervenor; Custer, Brenner & Smith, Marietta, Ga., of counsel.

Berl Tate, Arthur Crowe, Jr., Ben F. Smith, Sol. Gen., pro se, George W. Darden, Marietta, Ga., for appellees.

Before BELL and COLEMAN, Circuit Judges and BOYLE, District Judge.

Rehearing Denied and Rehearing En Banc Denied September 25, 1969.

BELL, Circuit Judge:

This is an appeal from the denial of a motion to broaden a preliminary injunction issued by the United States District Court for the Northern District of Georgia.1 We affirm.

Appellants, Zayre of Georgia, Inc. and S. S. Kresge Company, both retail department stores,2 initiated this litigation seeking an injunction...

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