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TRI-STATE TIRE SERVICE, INC. v. GATES RUBBER CO. SALES DIV.

No. 21132.

339 F.2d 573 (1964)

TRI-STATE TIRE SERVICE, INC., and Thornton G. Dewey, Appellants, v. GATES RUBBER COMPANY SALES DIVISION, Inc., Appellee.

United States Court of Appeals Fifth Circuit.

December 17, 1964.

Attorney(s) appearing for the Case

Harris E. Lofthus, Amarillo, Tex., Gary Shores and Blumenthal & Gray, Oklahoma City, Okl., for appellants.

Ben H. Stone, Jr., Amarillo, Tex., Stone & Stone, Amarillo, Tex., for appellee.

Before BROWN and WISDOM, Circuit Judges, and ESTES, District Judge.

PER CURIAM:

In a lengthy trial before the Court, appellee, Gates Rubber Company Sales Division, Inc., recovered judgment for $58,399.56 in a suit on an open account for rubber materials and merchandise used in tire retreading, against appellant Tri-State Tire Service, Inc., a local dealer-distributor, and its president, appellant Thornton Dewey, as surety. Tri-State admitted the account and asserted a cross-action seeking...

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