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BURDICK-BARON CO. v. SWIFT & CO.

No. 12913.

180 F.2d 424 (1950)

BURDICK-BARON CO. v. SWIFT & CO.

United States Court of Appeals Fifth Circuit.

Rehearing Denied April 12, 1950.

Attorney(s) appearing for the Case

John L. Shook, Dallas, Texas, William H. Shook, Dallas, Texas, Lewis B. Lefkowitz, Dallas, Texas, for appellant.

Fred L. Wallace, Fort Worth, Texas, Fred Korth, Fort Worth, Texas, for appellee.

Before McCORD and WALLER, Circuit Judges, and RICE, District Judge.

RICE, District Judge.

The motion of the appellee, Swift & Company, to dismiss this appeal having been considered and being found to be without merit, is hereby overruled.

On February 1, 1949, appellant filed this suit, styled Civil Action No. 3359, Burdick-Baron Company versus Swift & Company, in the District Court of the United States for the Northern District of Texas, Dallas Division. The suit was for damages arising out of the purchase by appellant...

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