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A. O. SMITH CORPORATION v. APPLEWHITE

Civ. A. No. 2914.

255 F.Supp. 785 (1965)

A. O. SMITH CORPORATION, Plaintiff, v. S. W. APPLEWHITE II, et ux., et al., Defendants and Counter-plaintiffs, v. A. O. SMITH CORPORATION and H. L. Peterson Co., Counter-defendants.

United States District Court S. D. Texas, Galveston Division.

Supplemental Opinion July 30, 1965.

Attorney(s) appearing for the Case

Vinson, Elkins, Weems & Searls, Houston, Tex., James Greenwood, III, Houston, Tex., for plaintiff and counter-defendant A. O. Smith Corp.

Baker, Botts, Shepherd & Coates, Houston, Tex., Walter Workman, Houston, Tex., for defendants and counter-plaintiffs.

Spafford, Freedman, Hamlin, Gay & Whitham, Cedric G. Hamlin, Dallas, Tex., for counter-defendant H. L. Peterson Co.

MEMORANDUM OPINION:

NOEL, District Judge:

Plaintiff A. O. Smith Corporation, hereinafter called "A. O. Smith," filed this action on August 21, 1962, as alleged owner and holder in due course of a promissory note and chattel mortgage executed by defendants S. W. Applewhite, II, S. W. Applewhite, III, and their wives, hereinafter sometimes called "Applewhites," on January 5, 1960. The Applewhites have been in default on the note since December 1960. The Applewhites...

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