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FOLEY LUMBER INDUSTRIES, INC. v. BUCKEYE CELLULOSE CORP.

No. 18334.

286 F.2d 697 (1961)

FOLEY LUMBER INDUSTRIES, INC., Appellant, v. BUCKEYE CELLULOSE CORPORATION, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied March 29, 1961.

Attorney(s) appearing for the Case

Chester Bedell, C. Harris Dittmar, Jacksonville, Fla., Bedell, Bedell & Dittmar, Jacksonville, Fla., of counsel, for appellant.

J. Lewis Hall, Tallahassee, Fla., Wm. A. Geoghegan, John E. McDowell, Cincinnati, Ohio, Dinsmore, Shohl, Dinsmore & Todd, Cincinnati, Ohio, Hall, Hartwell & Douglas, Tallahassee, Fla., of counsel, for appellee.

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

RIVES, Circuit Judge.

This appeal is from a judgment entered upon a "Motion for Judgment on the Pleadings" which had been converted into a motion for summary judgment.1 The summary judgment declared that a contract between the parties, dated May 4, 1953, "is now of no force and effect and neither party is under any obligation to the other with respect thereto."

Appellee Buckeye

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