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KING v. COLUMBIAN CARBON CO.

No. 11417.

152 F.2d 636 (1945)

KING et al. v. COLUMBIAN CARBON CO.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied January 18, 1946.

Attorney(s) appearing for the Case

Ewing Werlein, of Houston, Tex., for appellants.

Austin Y. Bryan, Jr., and Ira P. Jones, Jr., both of Houston, Tex., for appellee.

Before SIBLEY, McCORD, and WALLER, Circuit Judges.

WALLER, Circuit Judge.

The lower Court dismissed the complaint wherein the Plaintiffs had alleged: That they were the owners of a tract of land a short distance from the carbon black manufacturing plant of the Defendant, in Harris County, Texas; that such plant was constructed at great expense and is engaged in the manufacture of a commodity necessary for the prosecution of the war (that was then being waged), as well as for civilian use; that this plant continuously...

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