TEXAS INDUSTRIES v. BROWN

No. 15090.

218 F.2d 510 (1955)

TEXAS INDUSTRIES, Inc., Appellant, v. R. P. BROWN et al., Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 24, 1955.


Attorney(s) appearing for the Case

Stanley E. Neely and Maurice E. Purnell, Dallas, Tex., Locke, Locke & Purnell, Dallas, Tex., for appellant.

Gaynor Kendall and Henry H. Brooks, Austin, Tex., Leroy A. Howard, Lubbock, Tex., Royal H. Brin, Jr., W. B. Harrell, Morris Harrell, Dallas, Tex., Strasburger, Price, Kelton, Miller & Martin, Dallas, Tex., of counsel, for appellees.

Before HUTCHESON, Chief Judge, HOLMES, Circuit Judge, and ALLRED, District Judge.


HOLMES, Circuit Judge.

This is an action for damages by appellant against the appellees for the anticipatory breach of a contract and for the inducement of said breach. The contract was for the sale by appellant of lightweight aggregate for use in three manufacturing plants that make concrete masonry units. The suit was brought against two groups of defendants, all of whom are appellees here. The first group consists of those who operated the three plants at the time...

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