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BANCO NACIONAL DE COMERCIO EXT. v. FIRST NAT. BANK

No. 14703.

211 F.2d 409 (1954)

BANCO NACIONAL DE COMERCIO EXTERIOR, S. A. et al. v. FIRST NAT. BANK AT BROWNSVILLE, TEX. et al.

United States Court of Appeals Fifth Circuit.

Rehearing Denied May 3, 1954.

Petition for Further Rehearing and Motion for Further Argument Denied May 25, 1954.

Attorney(s) appearing for the Case

Fred B. Wagner, Brownsville, Tex., Cox, Wagner, Adams & Wilson, Brownsville, Tex., of counsel, for appellant.

M. S. McCorquodale, Houston, Tex., C. S. Eidman, Jr., Brownsville, Tex., Fulbright, Crooker, Freeman & Bates, Chas. M. Haden and Quentin Bates, Houston, Tex., for appellee Anderson, Clayton & Co. Inc.

Herbert Davenport, Davenport & Ransome, Brownsville, Tex., for appellee First Nat. Bank at Brownsville, Tex.

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

HOLMES, Circuit Judge.

In our opinion, a summary judgment should not be given in this case. The subject matter of this suit is a contract, made in the autumn of 1947, between appellants, Mexican corporations, as sellers, and Anderson, Clayton & Company, Inc., one of the appellees, as buyer, for the sale and delivery of 9810 bales of cotton out of a lot of 11,050 bales, belonging to appellants and stored in warehouses at Brownsville, Texas. The contract is in writing...

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