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R. P. HYAMS COAL CO. v. BIRMINGHAM FUEL CO.

No. 5000.

30 F.2d 287 (1929)

R. P. HYAMS COAL CO. v. BIRMINGHAM FUEL CO.

Circuit Court of Appeals, Fifth Circuit.

January 24, 1929.

Attorney(s) appearing for the Case

John H. Bankhead and John S. Stone, both of Birmingham, Ala. (Thomas C. McClellan, Bankhead & Bankhead and McClellan & Stone, all of Birmingham, Ala., on the brief), for appellant.

A. Leo Oberdorfer, of Birmingham, Ala., for appellee.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

FOSTER, Circuit Judge.

The material facts in this case are not disputed. It appears that appellee had entered into a contract with the New Orleans Railway & Light Company to supply it with all the coal required at its power houses and gas house in the city of New Orleans for a period of five years and three months, from December 16, 1916, to March 31, 1922; the coal to be delivered daily in quantities running between 340 tons and 650 tons. Appellant was employed...

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