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MONTGOMERY WARD & CO. v. ROBERT CAGLE BUILDING CO.

Civ. A. Nos. 63-H-622, 63-H-638.

265 F.Supp. 469 (1967)

MONTGOMERY WARD & COMPANY, Inc., Plaintiff, v. ROBERT CAGLE BUILDING COMPANY et al., Defendants.

United States District Court S. D. Texas, Houston Division.

March 15, 1967.

Attorney(s) appearing for the Case

Baker, Botts, Shepherd & Coates, Houston, Tex., Ralph S. Carrigan, Houston, Tex., for plaintiff.

Fulbright, Crooker, Freeman, Bates & Jaworski, Houston, Tex., Kraft W. Eidman and M. W. Parse, Jr., Houston, Tex., for defendants.

INGRAHAM, District Judge.

MEMORANDUM:

The defendants, Robert E. Cagle, Harry W. Cagle and the Robert Cagle Building Company (hereinafter Cagle), have moved for partial summary judgment against the plaintiff, Montgomery Ward & Company, Inc. (hereinafter Ward). The motion will be denied.

In 1962 Cagle embarked upon a $1,000,000 apartment building project. It was Cagle's purpose to sell the complex to investors when completed. On September 19, 1962...

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