TEXAS CO. v. GULF REFINING CO.

No. 253.

12 F.2d 317 (1926)

TEXAS CO. v. GULF REFINING CO.

District Court, S. D. Texas, at Houston.

April 5, 1926.


Attorney(s) appearing for the Case

C. R. Wharton, J. A. McNair, and Brady Cole, all of Houston, Tex., for plaintiff.

D. Edward Greer and John E. Green, Jr., both of Houston, Tex., for defendant.


HUTCHESON, District Judge.

Borrowing from the plaintiff's brief his martial figure, plaintiff, at first without securing an order of the court, "advanced" to make a breach in the defendant's lines by filing interrogatories to a corporate defendant under equity rule No. 58. This "advance," distinguished alike by the hardihood and lack of discretion often characterizing advances by sappers and mining parties, the defendant repelled by motion to strike, invoking the...

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