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THERMO KING CORPORATION v. WHITE'S TRUCKING SERVICE, INC.

No. 18214.

292 F.2d 668 (1961)

THERMO KING CORPORATION and Dawes Manufacturing Company, Appellants-Appellees, v. WHITE'S TRUCKING SERVICE, INC. and Transicold Corporation, Appellees-Appellants. WHITE'S TRUCKING SERVICE, INC. and Transicold Corporation, Appellees-Appellants, v. THERMO KING CORPORATION and Dawes Manufacturing Company, Appellants-Appellees.

United States Court of Appeals Fifth Circuit.

June 27, 1961.

Attorney(s) appearing for the Case

Harold D. Field, Jr., Benedict Deinard, Minneapolis, Minn., Eugene C. Heiman, Miami, Fla., Leonard Street & Deinard, Minneapolis, Minn., Myers, Heiman & Kaplan, Miami, Fla., of counsel, for appellants.

Francis Browne, Washington, D. C., Bart L. Cohen, Miami, Fla., Schwarz & Cohen, Miami, Fla., William E. Schuyler, Jr., Andrew B. Beveridge, Mead, Browne, Schuyler & Beveridge, Washington, D. C., of counsel, for appellees.

Before RIVES, BROWN and WISDOM, Circuit Judges.

JOHN R. BROWN, Circuit Judge.

This case illustrates again that the shortest way through may be the longest way around. Through a combination of circumstances, none of which was finally within the control of either counsel nor caused by initial error on the part of the particular Judge trying the case, the Trial Court countenanced the complete disregard of a procedural statute. The loser contends that this error infected the whole proceeding so much so that its harmful...

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