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BATE & SONS v. E. V. KENNEDY

No. 12096.

165 F.2d 435 (1948)

Thomas BATE & SONS et al., Appellants, v. E. V. KENNEDY, Appellee.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied February 26, 1948.

Attorney(s) appearing for the Case

Fred R. Switzer, of Houston, Tex., for appellants.

Arthur J. Mandell, of Houston, Tex., for appellee.

Before SIBLEY, HOLMES, and McCORD, Circuit Judges.

PER CURIAM.

The judgment appealed from in this cause is based upon the judgment which was reversed and set aside in Tejas Development Company and E. V. Kennedy v. McGough Brothers et al., 5 Cir., 165 F.2d 276, and must fall with that judgment. This case is accordingly also reversed and remanded to the district court for such further proceedings as may appear to be proper.

Reversed and remanded.

On Petition for Rehearing...

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