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NIEHAUS v. MAGNOLIA TEXTILES

No. 12559.

175 F.2d 977 (1949)

NIEHAUS et al. v. MAGNOLIA TEXTILES, Inc.

United States Court of Appeals Fifth Circuit.

Rehearing Denied August 26, 1949.

Motion for Leave to File Additional Petition for Rehearing Denied October 3, 1949.

Attorney(s) appearing for the Case

W. S. Henley, Jackson, Miss., William C. Connett, IV, St. Louis, Mo., for appellants.

Ben F. Cameron, Meridian, Miss., Lester E. Wills, Meridian, Miss., George E. Shaw, Jackson, Miss., Robert E. Perry, Jackson, Miss., O. W. Phillips, Magnolia, Miss., L. Arnold Pyle, Jackson, Miss., for appellee.

Before HUTCHESON, SIBLEY and WALLER, Circuit Judges.

SIBLEY, Circuit Judge.

Magnolia Textiles, Inc., in 1942 conveyed an unused factory building in McComb, Mississippi, with a covenant in the deed and running with the land that the property should not be used directly or indirectly for any type of textile industry for a period of ten years without grantor's written consent. In the early part of 1948 persons who then held title were about to lease the property to Harry Niehaus, who was acting for Ely and Walker Dry Goods...

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