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SEABOARD MACHINERY CORP. v. BETHLEHEM STEEL CO.

Civ. A. 425.

145 F.Supp. 285 (1956)

SEABOARD MACHINERY CORPORATION, a Delaware corporation, Plaintiff, v. BETHLEHEM STEEL COMPANY, INCORPORATED, Defendant.

United States District Court N. D. Florida, Tallahassee Division.

July 3, 1956.

Attorney(s) appearing for the Case

Caldwell, Parker, Foster & Wigginton, Tallahassee, Fla., for plaintiff.

Claude Pepper Law Offices, Miami, Fla. (Claude Pepper, Neal Rutledge and Donald Wilkes, of counsel), Keen, O'Kelley & Spitz, Tallahassee, Fla. (A. Frank O'Kelley, of counsel), Milam, McIlvaine, Carroll & Wattles, Jacksonville, Fla. (Donald K. Carroll, of counsel), and Cravath, Swaine & Moore, New York City (Ralph L. McAfee, Allen F. Maulsby and John R. Hupper, of counsel), for defendant Bethlehem Steel Company.

Edward H. Cushman, Philadelphia, Pa., and Ausley & Ausley, Tallahassee, Fla., for defendant Peerless Casualty Company on counterclaim of Bethlehem Steel Company against Peerless Casualty Company.

DE VANE, Chief Judge.

This is a double barrel cause of action. The first four counts are based on contract and quantum meruit revolving around the contract. The last two counts sound in tort — charging conspiracies between defendant and other parties named but not sued, to bankrupt and drive plaintiff out of business. After the issues had been settled and before the case came on for trial, the Court determined, and the parties agreed, that the case could be...

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