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RUBEROID COMPANY v. ROY

Civ. A. No. 13833-B.

240 F.Supp. 7 (1965)

The RUBEROID COMPANY v. J. Rolse ROY and International Speed Crete Research Corporation.

United States District Court E. D. Louisiana, New Orleans Division.

April 8, 1965.

Attorney(s) appearing for the Case

Peter G. Burke and Ashton Phelps, Phelps, Dunbar, Marks, Claverie & Sims, New Orleans, La., for plaintiff.

Philip C. Ciaccio, Cronvich, Ciaccio, Wambsgans & Perry, Metairie, La., for defendants.

FRANK B. ELLIS, District Judge.

This action was commenced by the Ruberoid Company to recover $27,885.06 due on account for cement bulkhead material sold to International Speed Crete Research Corp., payment of which was guaranteed by J. Folse Roy.1 In their amended answer defendants admit the accuracy of the amount due, but allege a set off in the sum of $35,024.81 by way of counter-claim under Rule 13, F.R.Civ.P., 28 U.S.C.A.

Plaintiff...

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