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GENERAL PORTLAND CEMENT COMPANY v. L.P. REED, INC.

No. 15221.

221 F.2d 317 (1955)

GENERAL PORTLAND CEMENT COMPANY, Appellant, v. L. P. REED, Inc., and Martin & Grace, Inc., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied July 19, 1955.

Attorney(s) appearing for the Case

Roy H. Callahan, Laurence R. Taylor, Jr., Dallas, Tex., Philip H. Schofield, Chicago, Ill., for appellant.

W. E. Cureton, John F. Sheehy, Richey, Sheehy & Teeling, Scott, Wilson & Cureton, Waco, Tex., for appellees.

Before HOLMES and RIVES, Circuit Judges, and WRIGHT, District Judge.

HOLMES, Circuit Judge.

The appellees, plaintiffs below, contracted with appellant, defendant below, for the purchase of a large quantity of cement to be used in the construction of Whitney Dam in Texas. The cement was shipped in 1,157 cars, all of which arrived and were receipted for; but the method of computing the weight at the dam site indicated a shortage of about 12,500 barrels, the equivalent of 30 car loads. Since...

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