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HEDRICK v. PERRY

No. 1785.

102 F.2d 802 (1939)

HEDRICK et al. v. PERRY.

Circuit Court of Appeals, Tenth Circuit.

March 3, 1939.

Attorney(s) appearing for the Case

Fred E. Wilson, of Albuquerque, N. M. (James F. Warden, of Albuquerque, N. M., on the brief), for appellants.

G. Dexter Blount, of Denver, Colo. (Harry S. Silverstein, of Denver, Colo., and H. Leslie Williams, of Albuquerque, N. M., on the brief), for appellee.

Before PHILLIPS, BRATTON, and WILLIAMS, Circuit Judges.

BRATTON, Circuit Judge.

This was a suit in equity to enjoin further breach of contract and for damages for past breach. Reference will be made to J. D. Perry, plaintiff below and appellee here, as Perry, and to Wasco T. Hedrick, Carl Penn, and Penn Trucking Company, Inc., defendants below and appellants here, as Hedrick, Penn, and Penn Company, respectively.

The court found that for several years Perry and Hedrick were competitors in the trucking business...

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