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BORDER GAS CO. v. WINDROW

No. 4376.

3 F.2d 974 (1925)

BORDER GAS CO. v. WINDROW et al.

Circuit Court of Appeals, Fifth Circuit.

January 6, 1925.

Attorney(s) appearing for the Case

Howard Templeton, of San Antonio, Tex. (T. C. Mann, of Laredo, Tex., and Clinton G. Brown, of San Antonio, Tex., on the brief), for plaintiff in error.

A. C. Hamilton and S. T. Phelps, both of Laredo, Tex., for defendants in error.

Before WALKER and BRYAN, Circuit Judges, and DAWKINS, District Judge.

DAWKINS, District Judge.

This case was tried below before the judge on a signed stipulation waiving the jury, and at the request of plaintiff in error (defendant below) the court made a special finding of facts as follows:

"(1) That the plaintiffs, D. Z. and N. C. Windrow, at all of the times involved in this suit, were, and still are, partners doing business as druggists on Salinas avenue in the city of Laredo, Tex.; that the said plaintiffs were tenants...

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