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HANES SUPPLY CO. v. VALLEY EVAPORATING COMPANY

No. 17327.

261 F.2d 29 (1958)

HANES SUPPLY CO., Inc., Appellant, v. VALLEY EVAPORATING COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

November 7, 1958.

Attorney(s) appearing for the Case

Ben Kohler, Jr., Cohen & Kohler, Atlanta, Ga., for appellant.

Henry M. Quillian, Jr., Atlanta, Ga., Alan A. McDonald, Yakima, Wash., Bryan Carter, Ansley & Smith, Atlanta, Ga., for appellee.

Before RIVES, TUTTLE, and JONES, Circuit Judges.

TUTTLE, Circuit Judge.

This is an appeal from a judgment by the District Court for the Northern District of Georgia based on a default "foreign" judgment entered against the non-resident Georgia defendant in the United States District Court for the District of Oregon, and also, in a separate count, based on an ex parte arbitration award which was reduced to judgment in the Oregon proceedings.

Inasmuch as both parties and the District Court proceeded on the...

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