MASSEY v. MASONITE CORPORATION

No. 15111.

219 F.2d 586 (1955)

B. E. MASSEY, Appellant, v. MASONITE CORPORATION, Appellee.

United States Court of Appeals, Fifth Circuit.

March 2, 1955.


Attorney(s) appearing for the Case

Leonard B. Melvin, Jr., Melvin, Melvin & Melvin, Laurel, Miss., for plaintiff-appellant.

C. Denton Gibbes, Jr., W. S. Welch, David C. Welch, C. Denton Gibbes, Jr., Ernest W. Graves, Laurel, Miss., for appellee, Welch & Gibbes, Laurel, Miss., of counsel.

Before HOLMES and BORAH, Circuit Judges, and DAWKINS, District Judge.


HOLMES, Circuit Judge.

This appeal is from an action for damages for the alleged pollution of the appellant's lake. The court below granted the appellee's motion for summary judgment on the basis of a certificate of compliance issued by the Mississippi Game and Fish Commission. The only question presented by this appeal is whether the declaration and the answer thereto set forth a material or genuine issue of fact.

Appellant filed suit in the state court,...

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