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KIRBY LUMBER CORPORATION v. WHITE

No. 18174.

288 F.2d 566 (1961)

KIRBY LUMBER CORPORATION, Appellant, v. Samantha Smart WHITE et vir, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied March 31, 1961.

Attorney(s) appearing for the Case

Frank G. Evans, III, Houston, Tex., Fountain, Cox, Gaines & Fox, Joyce Cox, James A. Pakenham, Houston, Tex., for appellant, Kirby Lumber Corp.

Leonard E. Choate, Beaumont, Tex., Robert W. Hillin, Liberty, Tex., for appellee.

Before TUTTLE, Chief Judge, and CAMERON and WISDOM, Circuit Judges.

CAMERON, Circuit Judge.

Samantha Smart White (hereinafter called appellee), joined pro forma by her husband McKinley White, sued appellant Kirby Lumber Corporation for an undivided one-fifth interest in four tracts of timbered land aggregating one hundred ninety acres in Newton County, Texas, and for the value of timber cut by appellant from said land. The action, being one in trespass to try title, was begun in a state court...

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