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D. H. OVERMYER CO. v. LOFLIN

No. 30401.

440 F.2d 1213 (1971)

D. H. OVERMYER CO., Inc., Plaintiff-Appellant, v. John T. LOFLIN, doing business as Loflin Sand & Gravel Company, Defendant-Appellee, v. D. H. OVERMYER CO., Inc. (a Mississippi Corporation), Third-Party Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 20, 1971.

Attorney(s) appearing for the Case

Earl T. Thomas, Jackson, Miss., John P. Garrigan, New York City, Paul Tudor Jones, Thomas, Price, Alston, Jones & Davis, Jackson, Miss., for plaintiff-appellant.

William L. Shumate, New York City, Charles W. Crisler, Jr., Alfred N. Crisler, Crisler & Crisler, Rufus H. Broome, Jackson, Miss., for defendant-appellee.

Before RIVES, THORNBERRY and CLARK, Circuit Judges.

CLARK, Circuit Judge:

D. H. Overmyer Co., Inc., an Ohio corporation, plaintiff below, and D. H. Overmyer Co., Inc., a Mississippi corporation, third-party defendant, [hereinafter collectively Overmyer], appeal from a summary judgment in favor of defendant, John T. Loflin, on Counts 1 and 2 of plaintiff's complaint and a joint judgment against plaintiff and third-party defendant on Loflin's counterclaim after a trial to the court on the merits. Both the summary and...

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