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RUBEROID COMPANY, INCORPORATED v. BRISCOE

No. 18219.

293 F.2d 712 (1961)

RUBEROID COMPANY, INCORPORATED, Appellant, v. W. P. BRISCOE and Gordon L. Briscoe, Doing Business As Briscoe & Briscoe, Appellees.

United States Court of Appeals Fifth Circuit.

July 31, 1961.

Attorney(s) appearing for the Case

H. T. Bowyer, Dallas, Tex., Bowyer, Thomas, Crozier & Harris, Dallas, Tex., for appellant.

Rollins M. Koppel, Carter, Stiernberg, Skaggs & Koppel, Harlingen, Tex., for appellees.

Before CAMERON and BROWN, Circuit Judges, and HANNAY, District Judge.

HANNAY, District Judge.

Appellees W. P. Briscoe and his son, Gordon L. Briscoe, doing business as Briscoe & Briscoe, a co-partnership, citizens of Cameron County, Texas, sued appellant Ruberoid Company, Inc., a New Jersey Corporation, with an office in Dallas, Texas, for damages for breach of warranty arising out of the purchase by the appellees of a quantity of appellant's material (paper known as "Jutecraft"), for use as outer wraps of permanent tree banks in...

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