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BIRKETT L. WILLIAMS COMPANY v. SMITH

No. 22040.

353 F.2d 60 (1965)

The BIRKETT L. WILLIAMS COMPANY and Humphrey Central Chevrolet, Inc., Appellants, v. James SMITH et al., Appellees.

United States Court of Appeals Fifth Circuit.

November 30, 1965.

Attorney(s) appearing for the Case

John M. Sikes and Lipshutz, Macey, Zusmann & Sikes, Atlanta, Ga., for appellants.

T. Baldwin Martin, T. Baldwin Martin, Jr., Martin, Snow, Grant & Napier, Macon, Ga., for appellees.

Before TUTTLE, Chief Judge, and BELL and COLEMAN, Circuit Judges.

COLEMAN, Circuit Judge.

This appeal includes two separate cases which were consolidated for trial and decision in the District Court. The Birkett L. Williams Company and Humphrey Central Chevrolet, Inc., both Ohio Corporations, brought the actions against four Georgia defendants: Macon Auto Auction, Inc., James Smith (owner of one-half the stock of that Auction), Oren Hill Motors, Inc., and Oren Hill individually. James Smith was an officer and director of The Macon...

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