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HOOVER, INC. v. McCULLOUGH INDUSTRIES, INC.

No. 23204.

380 F.2d 798 (1967)

HOOVER, INC., Appellant, v. McCULLOUGH INDUSTRIES, INC., Appellee.

United States Court of Appeals Fifth Circuit.

July 13, 1967.

Attorney(s) appearing for the Case

Judson Harwood, Nashville, Tenn., Sam W. Pipes, III, Mobile, Ala., for appellant.

J. Edward Thornton, Mobile, Ala., Robert McD. Smith, Birmingham, Ala., for appellee, Lange, Simpson, Robinson & Somerville, Birmingham, Ala., of counsel.

Before BROWN, MOORE and BELL, Circuit Judges.

GRIFFIN B. BELL, Circuit Judge:

This is an appeal from a judgment entered in a breach of contract suit. McCullough filed suit against Hoover, alleging a breach of contract and seeking damages therefor. Hoover filed an answer and cross-complaint, claiming that McCullough breached the contract and that Hoover was entitled to damages. Utilizing a split trial procedure, the District Court submitted the breach of contract question to a jury and reserved the question of...

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