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PHILIPPINE AIR LINES v. TEXAS ENGINEERING & MFG. CO.

No. 12937.

181 F.2d 923 (1950)

PHILIPPINE AIR LINES, Inc. v. TEXAS ENGINEERING & MANUFACTURING CO., Inc.

United States Court of Appeals Fifth Circuit.

Rehearing Denied August 8, 1950.

Attorney(s) appearing for the Case

William A. Rembert, Jr., Dallas, Texas, Searcy L. Johnson, Dallas, Texas, for appellant.

W. C. Gowan, Dallas, Texas, for appellee.

Before HOLMES, McCORD and RUSSELL, Circuit Judges.

HOLMES, Circuit Judge.

This is a suit for damages to appellant's C-54 airplane, which was injured by the appellee's employees while it was being converted from a cargo to a passenger plane. A cross-action was filed by appellee for losses allegedly sustained as a result of frequent work stoppages, necessitated by the failure of appellant's predecessor to make progress payments in accordance with the terms of the contract under which appellee was doing the work.

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