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LA-TEX SUPPLY CO. v. FRUEHAUF TRAILER DIV., FRUEHAUF CORP.

No. 71-1304.

444 F.2d 1366 (1971)

LA-TEX SUPPLY COMPANY, Plaintiff-Appellant, v. FRUEHAUF TRAILER DIVISION, FRUEHAUF CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 25, 1971.

Attorney(s) appearing for the Case

Otto A. Ritter, Longview, Tex., William M. Howell, Jacksonville, Fla., Ronnie Posey, Longview, Tex., for plaintiff-appellant; Ritter, Nichols & Posey, Longview, Tex., of counsel.

Richard Grainger, Mike A. Hatchell, Tyler, Tex., Marion R. Shepard, Jacksonville, Fla., for defendant-appellee; Ramey, Brelsford, Flock, Devereux & Hutchins, Tyler, Tex., of counsel.

Before COLEMAN, SIMPSON and RONEY, Circuit Judges.

PER CURIAM:

La-Tex Supply Company (La-Tex), the plaintiff below and appellant here, turned over its trailer-tank, used to deliver propane gas, to Fruehauf Trailer Division, Fruehauf Corporation (Fruehauf), the defendant below, for servicing and repairs. Fruehauf delivered the trailer-tank to Britt's Machinery and Welding Company (Britt's) of Bossier City, Louisiana, for de-gassing and steam cleaning without prior permission from La-Tex. Britt's employees removed the...

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