HALLIBURTON OIL WELL CEMENTING CO. v. MILLICAN

No. 12168.

171 F.2d 426 (1948)

HALLIBURTON OIL WELL CEMENTING CO. v. MILLICAN.

United States Court of Appeals Fifth Circuit.

Rehearing Denied January 28, 1949.


Attorney(s) appearing for the Case

Tarlton Morrow, of Houston, Tex., and Robert O. Brown, and Ben F. Saye, both of Duncan, Okl., for appellant.

Birge Holt, of Corpus Christi, Tex., and Dan Moody, of Austin, Tex., for appellee.

Before HUTCHESON, SIBLEY, and McCORD, Circuit Judges.


HUTCHESON, Circuit Judge.

The suit was for loss by negligence of an oil well and lease. The claim was that in doing a squeeze cementing job on the well, defendant had done the work negligently with the result that the well had been ruined and the lease lost.

Defendant denied that it had contracted as alleged by plaintiff and that it was in anywise negligent. It pleaded specially: (1) that under its usual form of contract it rented its cementing equipment and...

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