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WESTWOOD v. CONTINENTAL CAN CO.

No. 7603.

80 F.2d 494 (1935)

WESTWOOD v. CONTINENTAL CAN CO., Inc.

Circuit Court of Appeals, Fifth Circuit.

December 10, 1935.

Attorney(s) appearing for the Case

John W. Beveridge and T. S. Taliaferro, both of Houston, Tex., for appellant.

J. C. Hutcheson, III., and John P. Bullington, both of Houston, Tex., for appellee.

Before FOSTER and SIBLEY, Circuit Judges, and STRUM, District Judge.

SIBLEY, Circuit Judge.

The appellant H. O. Westwood was a stockholder, director, vice president and the general manager of Southwestern Can Co., Inc. He sued appellee Continental Can Co., Inc., for breach of a contract which looked to a sale of all the assets of the first-named company to the second, out of which Westwood would have realized a profit. After hearing plaintiff's evidence, the District Judge directed a verdict against him on the grounds that no certain...

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