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CARTER v. CERTAIN-TEED PRODUCTS CORP.

No. 14577.

200 F.2d 754 (1953)

CARTER et al. v. CERTAIN-TEED PRODUCTS CORP.

United States Court of Appeals Eighth Circuit.

Rehearing Denied February 17, 1953.

Attorney(s) appearing for the Case

Alan Loth, Fort Dodge, Iowa, for appellants.

A. B. Howland, Des Moines, Iowa, and Norman A. Miller, Chicago, Ill. (Gamble, Read, Howland, Gamble & Riepe, Des Moines, Iowa, and Clausen, Hirsh & Miller, Chicago, Ill., on the brief), for appellee.

Before SANBORN, WOODROUGH, and COLLET, Circuit Judges.

On petition for rehearing, original opinion withdrawn and modified as follows.

COLLET, Circuit Judge.

This action involved the construction of a lease given by plaintiffs-appellants1 to defendant-appellee2 for the quarrying and mining of gypsum rock on plaintiffs' land near Fort Dodge, Iowa. The details of the transaction, many pertinent provisions of the lease, and the respective contentions of the...

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