FLUOR WESTERN, INC. v. G & H OFFSHORE TOWING CO.

No. 71-1420 Summary Calendar.

447 F.2d 35 (1971)

FLUOR WESTERN, INC., Plaintiff Appellant, v. G & H OFFSHORE TOWING CO., Inc., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing September 21, 1971.


Attorney(s) appearing for the Case

James E. Ross, Ross, Griggs & Harrison, Houston, Tex., for plaintiff-appellant.

M. L. Cook, Ted C. Litton, Houston, Tex., for defendant-appellee; Royston, Rayzor & Cook, Houston, Tex., of counsel.

Before THORNBERRY, MORGAN and CLARK, Circuit Judges.


Rehearing and Rehearing En Banc September 21, 1971.

PER CURIAM:

After considering the declarations made by the appellant in response to the district court order and for the reasons stated by the able District Court Judge in his memorandum and order of December 17, 1970, hereto appended as Exhibit A, we are in accord that no genuine issue exists as to any material fact and, on the facts established in this case, the appellee is entitled to judgment as a matter...

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