AMERICAN WEEKLY v. HOUSTON PRINTING CORPORATION

No. 10263.

135 F.2d 733 (1943)

AMERICAN WEEKLY, Inc., v. HOUSTON PRINTING CORPORATION.

Circuit Court of Appeals, Fifth Circuit.

May 26, 1943.


Attorney(s) appearing for the Case

W. L. Matthews, of San Antonio, Tex., and John P. Bullington, of Houston, Tex., for appellant.

Frank J. Knapp, George W. Rice, and Jack Binion, all of Houston, Tex., for appellee.

Before SIBLEY, HUTCHESON, and McCORD, Circuit Judges.


PER CURIAM.

The motion for rehearing is denied.

HUTCHESON, Circuit Judge (dissenting).

The more than considerable misgivings which attended my concurrence in the holdings of the majority (1) that Clause A of Par. 8 of the contract was an agreement that appellant would maintain an average ratio of advertising of approximately 32 percent advertising to 68 percent editorial matter in the magazine supplement, and (2) that the words "approximately 54 inches...

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