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RECONSTRUCTION FINANCE CORP. v. PETERSON BROS.

No. 11750.

160 F.2d 124 (1947)

RECONSTRUCTION FINANCE CORPORATION v. PETERSON BROS. PETERSON BROS. v. ARTHUR G. McKEE & CO. et al.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied April 7, 1947.

Attorney(s) appearing for the Case

Austin Y. Bryan, Jr., of Houston, Tex., for appellant Reconstruction Finance Corporation.

Larry W. Morris, of Houston, Tex., for Peterson Brothers, appellee and appellant.

Before HUTCHESON, HOLMES, and McCORD, Circuit Judges.

HUTCHESON, Circuit Judge.

Brought against Defense Plant Corporation, Reconstruction Finance Corporation, as successor to its liabilities, Arthur G. McKee and Company, American Rolling Mill Company, and Sheffield Steel of Texas, the suit was for the value of a steam hoist which had been rented to the Defense Plant Corporation and destroyed by fire. The rental agreement, which was entirely written, contained the following provision:

"On the termination of the...

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