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DIATOMITE CORP. OF AMER. v. LEHIGH PORTLAND CEMENT CO.

No. 17422.

265 F.2d 444 (1959)

DIATOMITE CORPORATION OF AMERICA, Appellant, v. LEHIGH PORTLAND CEMENT CO., Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied April 29, 1959.

Attorney(s) appearing for the Case

Walter Humkey, Cody Fowler, Richard F. Ralph, William Norwood, Miami, Fla., for appellant, Fowler, White, Gillen, Yancey & Humkey, Miami, Fla., of counsel.

George Gilleland, Marshall S. Scott, Scott McCarthy Preston Steel & Gilleland, Miami, Fla., for appellee.

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

PER CURIAM.

Appellant assignor owned and sold to appellee 2,901 acres of land in Volusia County, Florida, following the latter's acceptance of an option which provided that purchaser might not require title to all the land, and it gave to the seller an option to repurchase at $100 an acre any part which it did not desire to retain.1 Lehigh, the appellee, was engaged in the manufacture of cement from certain rock formations...

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