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FOLEY v. SMITH

No. 28079.

437 F.2d 115 (1971)

James P. FOLEY and Foley Industries, Inc., Plaintiffs-Appellants, v. Herman L. SMITH and Max-Smith Co., Inc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 8, 1971.

Attorney(s) appearing for the Case

Paul L. DeVerter, II, Jefferson D. Giller, Houston, Tex., for appellants.

Paul E. Harris, Houston, Tex., for appellees.

Before RIVES, GEWIN and INGRAHAM, Circuit Judges.

BY THE COURT:

By per curiam opinion, 421 F.2d 698, dated February 2, 1970, this appeal was vacated and remanded to the district court to determine the meaning of the word "nominal" in the context in which it was used in the Final Consent Judgment of February 29, 1968.

It comes back to us upon appellants' motion for Order in Aid of Mandate. The motion recites that, upon remand, a conference between the district judge and the...

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