JACKSONVILLE BLOW PIPE CO. v. TRAMMELL HARDWOOD FL. CO.

No. 17415.

264 F.2d 717 (1959)

JACKSONVILLE BLOW PIPE COMPANY, Appellant, v. TRAMMELL HARDWOOD FLOORING COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

March 10, 1959.


Attorney(s) appearing for the Case

Burt DeRieux and Greene, Neely, Buckley & DeRieux, Atlanta, Ga., for appellant.

Loeb C. Ketzky, Hubert T. Quillian, Jr., LaGrange, Ga., for appellee.

Before HUTCHESON, Chief Judge, and CAMERON and BROWN, Circuit Judges.


HUTCHESON, Chief Judge.

Plaintiff sued for $4475.05 due it on a contract with defendant to install a powder arrestor system in its plant. Defendant filed a counterclaim alleging that, during the installation, plaintiff had caused damage to certain portions of its plant which in turn had resulted in a shut-down of its business and losses arising thereout.

On a pre-trial conference it was agreed and ordered: (1) that the debt sued for was due plaintiff with...

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