CELANESE CORP. OF AMERICA v. JOHN CLARK INDUSTRIES

No. 14729.

214 F.2d 551 (1954)

CELANESE CORP. OF AMERICA v. JOHN CLARK INDUSTRIES, Inc. et al.

United States Court of Appeals, Fifth Circuit.

June 30, 1954.


Attorney(s) appearing for the Case

John W. Stayton, Charles L. Black, Austin, Tex., William H. Keys, Corpus Christi, Tex., for appellant.

Josh H. Groce and John H. Dittmar, San Antonio, for appellees.

Before HUTCHESON, Chief Judge, RIVES, Circuit Judge, and WRIGHT, District Judge.


HUTCHESON, Chief Judge.

The suit was for damages, actual and exemplary, for fire losses in plaintiff's hydraulic die casting plant1 resulting from the use in it of Lindol HF-X, the hydraulic fluid sold and furnished to plaintiff by defendant for such use.

The claim as set out in detail in the complaint was: that in answer to plaintiff's inquiries as to the possible use in its business of defendant's hydraulic fluid known as Lindol...

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