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ROBERT P. HYAMS COAL CO. v. CORONA COAL CO.

No. 4915.

18 F.2d 412 (1927)

ROBERT P. HYAMS COAL CO., Limited, v. CORONA COAL CO.

Circuit Court of Appeals, Fifth Circuit.

April 7, 1927.

Attorney(s) appearing for the Case

John S. Stone, of Birmingham, Ala., and J. H. Bankhead, Jr., of Jasper, Ala. (Bankhead & Bankhead, of Jasper, Ala., and McClellan, Rice & Stone and L. D. Gardner, Jr., all of Birmingham, Ala., on the brief), for plaintiff in error.

Arthur F. Fite, of Jasper, Ala., and A. Leo Oberdorfer, of Birmingham, Ala., for defendant in error.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

BRYAN, Circuit Judge.

It was determined on a former writ of error in this case that the evidence of the plaintiff, Robert P. Hyams Coal Company, was sufficient to support a judgment for damages arising out of the failure of the defendant, Corona Coal Company, to deliver 9,000 tons of coal. 9 F.2d 361. On a second trial, defendant's evidence tended to show that it had sustained a loss as great as plaintiff's loss, because of the latter...

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