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INDUSTRIAL MACHINE TOOL CO. v. MIAMI WINDOW CORP.

No. 15788.

234 F.2d 301 (1956)

INDUSTRIAL MACHINE TOOL COMPANY, Inc., Appellant and Appellee, v. MIAMI WINDOW CORPORATION, Appellee and Appellant, MIAMI WINDOW CORPORATION, Appellee and Appellant, v. INDUSTRIAL MACHINE TOOL COMPANY, Inc., Appellant and Appellee, Thomas G. Belmont and Sidney S. Stearns, Intervenors-Appellees.

United States Court of Appeals Fifth Circuit.

June 8, 1956.

Attorney(s) appearing for the Case

W. G. Ward, Miami, Fla., Ward & Ward, Miami, Fla., for appellant-cross-appellee, Industrial Mach. Tool Co., Inc.

N. J. Durant, Joe Creel, Miami, Fla., for appellees.

Before TUTTLE, CAMERON and JONES, Circuit Judges.

CAMERON, Circuit Judge.

The appellant, Industrial Machine Tool Company, Incorporated, appeals from a judgment by the District Court dismissing its complaint against the appellee, Miami Window Corporation.1 The only question for our determination is whether the findings and conclusions upon which that judgment was made are clearly erroneous within the meaning of Rule 52 (a) of the Federal Rules of Civil Procedure, 28 U.S.C.A.

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