ASSOCIATED LERNER SHOPS OF AMERICA, INC. v. THIBADEAU, SHAW & COMPANY, INC.

No. 25238.

396 F.2d 768 (1968)

ASSOCIATED LERNER SHOPS OF AMERICA, INC., Appellant, v. THIBADEAU, SHAW & COMPANY, Inc., Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied August 2, 1968.


Attorney(s) appearing for the Case

John W. Chambers, Hoke Smith, Smith, Cohen, Ringel, Kohler, Martin & Lowe, Atlanta, Ga., for appellant.

Ben L. Weinberg, Jr., Charles A. Moye, Jr., Long, Weinberg & Ansley, Gambrell, Russell, Moye & Killorin, Atlanta, Ga., for appellee.

Before GEWIN and THORNBERRY, Circuit Judges, and ELLIOTT, District Judge.


PER CURIAM:

In this litigation between adjoining landowners the District Court for the Northern District of Georgia as trier of the facts determined that Appellant negligently constructed and maintained drain pipes channeling (contrary to their natural flow) surface and other waters against a retaining wall constructed by Appellee in conjunction with a building being erected by Appellee, causing the retaining wall to collapse against and damage the building.

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