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DIXIE PORTLAND FLOUR MILLS, INC. v. DIXIE FEED & SEED CO.

No. 17199.

382 F.2d 830 (1967)

DIXIE PORTLAND FLOUR MILLS, INC. and Selective Insurance Company, Plaintiffs-Appellees, v. DIXIE FEED & SEED COMPANY, J. Ralph Whitehead, Individually and d/b/a Comer Gin Company, and James Lee Johnston, Defendants-Appellants.

United States Court of Appeals Sixth Circuit.

September 12, 1967.

Attorney(s) appearing for the Case

Paul R. Leitner, of Bishop, Thomas, Leitner, Mann & Milburn, Chattanooga, Tenn., and Robert L. Green, of Neely, Green & Fargarson, Memphis, Tenn., for appellants.

J. W. Kirkpatrick, Memphis, Tenn., for appellees, George P. Bowie, St. Louis, Mo., Max D. Lucas, Jr., Memphis, Tenn., on the brief, Kirkpatrick & Lucas, Memphis, Tenn., of counsel.

Before McCREE and COMBS, Circuit Judges, and CECIL, Senior Circuit Judge.

COMBS, Circuit Judge.

This is an interlocutory appeal from an order of the District Court of the Western District of Tennessee denying defendants-appellants' motion to dismiss and sustaining plaintiffs-appellees' motion to amend the complaint in a suit for contribution.

Plaintiff Dixie Portland Flour Mills, Inc., and defendants Dixie Feed & Seed Company, J. Ralph Whitehead, and James Lee Johnston were co-defendants...

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