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GROVE LABORATORIES v. FLOWOOD CORPORATION

No. 15976.

234 F.2d 371 (1956)

GROVE LABORATORIES, Inc., Appellant, v. The FLOWOOD CORPORATION, Appellee.

United States Court of Appeals Fifth Circuit.

June 8, 1956.

Attorney(s) appearing for the Case

Charles Clark, Earl T. Thomas, Jackson, Miss., W. C. Wells, III, Jackson, Miss., Shepley, Kroeger, Fisse & Shepley, St. Louis, Mo., Wells, Thomas & Wells, Jackson, Miss., of counsel, for petitioner.

William E. Suddath, Jr., Watkins & Eager, Jackson, Miss., for appellee.

Before HUTCHESON, Chief Judge, and RIVES and JONES, Circuit Judges.

HUTCHESON, Chief Judge.

Filed May 21, 1955, the suit was for Six thousand three hundred seventy-two and 28/100 dollars, allegedly due plaintiff from sums realized by defendant from sales of water made by it from a water well jointly owned by defendant and used by F. W. Fitch Manufacturing Company and Great Southern Box Company under the terms of a written agreement.1

The claim was: (1...

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