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SMS MANUFACTURING COMPANY v. U. S.-MENGEL PLYWOODS

No. 4950.

219 F.2d 606 (1955)

SMS MANUFACTURING COMPANY, Inc., a corporation; and Manly M. Moore, individually, Appellants, v. U. S.-MENGEL PLYWOODS, Inc., a corporation, Appellee.

United States Court of Appeals, Tenth Circuit.

February 9, 1955.

Attorney(s) appearing for the Case

Phil E. Daugherty, Oklahoma City, Okl. (Ames, Daugherty, Bynum & Black, Oklahoma City, Okl., was with him on the brief), for appellants.

James D. Fellers and J. H. Hewett, Oklahoma City, Okl. (James U. Smith, Jr., Louisville, Ky., and Mosteller, Fellers, Andrews & Loving, Oklahoma City, Okl., were with him on the brief), for appellee.

Before PHILLIPS, Chief Judge, and BRATTON and PICKETT, Circuit Judges.

BRATTON, Circuit Judge.

This was an action instituted by U. S.-Mengel Plywoods, Inc., a corporation, against SMS Manufacturing Company, Inc., a corporation, and Manly M. Moore. The defendant Moore was president and manager of the defendant SMS Manufacturing Company. The action was to recover against the defendant SMS Manufacturing Company on account for goods, wares, and merchandise sold and delivered to it, and to recover against the defendant Moore upon his guarantee...

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