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MISSISSIPPI WOOD PRESERVING CO. v. ROTHSCHILD

No. 13911.

201 F.2d 233 (1953)

MISSISSIPPI WOOD PRESERVING CO. v. ROTHSCHILD et al.

United States Court of Appeals Fifth Circuit.

January 14, 1953.

Attorney(s) appearing for the Case

Elizabeth Hulen Grayson, Jackson, Miss., for appellant.

T. Harvey Hedgepeth, and John C. Satterfield, Jackson, Miss., George G. Dimick, Shreveport, La., for appellee.

Before HUTCHESON, Chief Judge, and BORAH and RIVES, Circuit Judges.

HUTCHESON, Chief Judge.

The suit in two counts, one for breach of warranty, the other for negligence, was for damages caused to plaintiff's plant and building by the rupture in 1948 of a creosote cylinder manufactured by defendants, citizens of Louisiana, d/b/a Rothschild Boiler & Tank Works, for, and sold to, plaintiff in 1947.

Plaintiff, alleging that: though not qualified under the laws of the state to do business in Mississippi, defendants had performed...

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