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REX CO. v. INTERNATIONAL HARVESTER CO.

No. 9262.

107 F.2d 767 (1939)

REX CO. v. INTERNATIONAL HARVESTER CO. et al.

Circuit Court of Appeals, Fifth Circuit.

December 7, 1939.

Attorney(s) appearing for the Case

Lloyd E. Elliott and M. N. Chrestman, both of Dallas, Tex., for appellant.

James Ralph Wood and H. T. Bowyer, both of Dallas, Tex., for appellees.

Before FOSTER, SIBLEY, and McCORD, Circuit Judges.

McCORD, Circuit Judge.

International Harvester Company brought suit against Rex Company and the Trustees of the Estate of J. B. Wilson, deceased, seeking a declaratory judgment under the provisions of 28 U.S.C.A. § 400, Jud.Code Sec. 274d. The petition sought a declaration of the rights of Rex Company in and to certain real property in Dallas, Texas. The cause was tried upon a stipulation of facts and the Court entered judgment declaring that Rex Company had...

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