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OLIN'S TIRE SERVICE, INC. v. UNITED STATES RUBBER COMPANY

No. 22631.

382 F.2d 852 (1967)

OLIN'S TIRE SERVICE, INC., W. O. Williams and Geraldine S. Williams, Appellants, v. UNITED STATES RUBBER COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

September 12, 1967.

Attorney(s) appearing for the Case

S. Gunter Toney, Tallahassee, Fla., for appellants.

Harry Lewis Michaels, Tallahassee, Fla., for appellee.

Before WISDOM, BELL and GODBOLD, Circuit Judges.

GODBOLD, Circuit Judge:

This is an appeal from the granting of appellee's motion for partial summary judgment against Olin's Tire Service, Inc. The order of the district court granting the motion is set out in full in the margin.1

The original complaint was filed by Olin's against United States Rubber Company, alleging that U.S. manufactured and consigned to Olin's tires and tubes which Olin's sold to the public, that U.S. warranted...

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