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IVY H. SMITH COMPANY v. MORETRENCH CORPORATION

No. 16939.

253 F.2d 688 (1958)

IVY H. SMITH COMPANY, Appellant, v. MORETRENCH CORPORATION, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied May 16, 1958.

Attorney(s) appearing for the Case

Charles R. Scott, John S. Cox, W. E. Grissett, Jr., Jacksonville, Fla., for appellant, Scott & Cox, Jacksonville, Fla., of counsel.

John M. Allison, T. Paine Kelly, Jr., Macfarlane, Ferguson, Allison & Kelly, Tampa, Fla., for appellee.

Before HUTCHESON, Chief Judge, and BORAH and TUTTLE, Circuit Judges.

HUTCHESON, Chief Judge.

Appealing from a summary judgment for defendant, based upon the conclusion of the district judge that there was no genuine issue as to any material fact alleged in defendant's twelfth defense,1 and that in law it constituted a complete defense to plaintiff's suit, plaintiff is here insisting that the district judge erred and his judgment must be reversed.

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