W. S. DICKEY CLAY MANUFACTURING COMPANY v. CORDER

No. 19364.

310 F.2d 764 (1962)

W. S. DICKEY CLAY MANUFACTURING COMPANY, Appellant, v. William H. CORDER, d/b/a W. H. C. Trucking Company, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied January 15, 1963.


Attorney(s) appearing for the Case

Frank A. Leffingwell, Carl L. Phinney and Sam Dawkins, Jr., Dallas, Tex., Phinney, Hallman & Pulley, Dallas, Tex., Leffingwell, Dawkins & Oehmann, Dallas, Tex., of counsel, for appellant.

James P. Hart, Austin, Tex., James F. Gardner and Dibrell, Gardner & Dotson, San Antonio, Tex., Hart & Hart, Austin, Tex., for appellee.

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


RIVES, Circuit Judge.

This appeal is from a judgment for $483,292.51, plus interest and costs, in favor of the appellee, Corder, against the appellant, Dickey. The action was filed March 1, 1958, and the claim was for undercharges on shipments of clay pipe transported by Corder from Dickey's plant at Saspamco, Texas, to various points in Texas from March 3, 1952 to November 2, 1956. Upon the theory that the Texas four-year statute of limitations applied, Corder eliminated...

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