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LEWIS v. MOBIL OIL CORPORATION

No. 20244.

438 F.2d 500 (1971)

Paul LEWIS, d/b/a Lewis Lumber Company, Appellee, v. MOBIL OIL CORPORATION, a Corporation, Appellant.

United States Court of Appeals, Eighth Circuit.

Rehearings Denied February 16, 1971.

Attorney(s) appearing for the Case

Ronald L. Neill, Dallas, Tex., John C. Calhoun, Jr., Owens, McHaney & McHaney, Little Rock, Ark., for appellant; E. L. McHaney, Little Rock, Ark., of counsel.

Daily, West, Core & Coffman, Fort Smith, Ark., for appellee; Ben Core, Fort Smith, Ark., of counsel.

Before MATTHES, Chief Judge, MEHAFFY and GIBSON, Circuit Judges.

GIBSON, Circuit Judge.

In this diversity case the defendant appeals from a judgment entered on a jury verdict in favor of the plaintiff in the amount of $89,250 for damages alleged to be caused by use of defendant's oil.

Plaintiff Lewis has been doing business as a sawmill operator in Cove, Arkansas, since 1956. In 1963, in order to meet competition, Lewis decided to convert his power equipment to hydraulic equipment. He purchased a hydraulic system in May...

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