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McCOMB v. QUAKER OATS CO.

No. 13199.

187 F.2d 422 (1951)

McCOMB v. QUAKER OATS CO.

United States Court of Appeals Fifth Circuit.

February 13, 1951.

Attorney(s) appearing for the Case

Willard B. Wagner, Jr. (of Williams, Lee & Kennerly), Houston, Tex., for appellant.

James E. Henderson, Sherman, Tex., for appellee.

Before HOLMES and RUSSELL, Circuit Judges, and DOOLEY, District Judge.

DOOLEY, District Judge.

The Quaker Oats Company (Quaker) sued W. P. McComb, Sr. on a verified account covering four carloads of feed for $11,930.72. This and another related but presently unimportant suit were consolidated. McComb, Sr., a retired lawyer, in ill health, lived in the country several miles from Conroe, Texas. His son, Austin McComb, late in 1946, began carrying on a business called McComb Grain Company (Grain Company), owned either by the father or the...

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