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BREWTON LUMBER COMPANY v. CONTINENTAL CAN COMPANY

No. 71-3544.

460 F.2d 963 (1972)

L. L. BREWTON LUMBER COMPANY, Inc., Plaintiff-Appellee, v. CONTINENTAL CAN COMPANY, Inc., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 16, 1972.

Attorney(s) appearing for the Case

William H. Baker, Bobby L. Culpepper, Holloway, Baker, Culpepper, Brunson & Cooper, Jonesboro, La., for defendant-appellant.

Hiram J. Wright, Winnfield, La., for plaintiff-appellee.

Before GOLDBERG, DYER and SIMPSON, Circuit Judges.

PER CURIAM:

Continental appeals from an order of the district court cancelling a lease incorporated in a contract for sale and purchase of timber and land lease agreement executed by Brewton's predecessor in title in favor of Continental's assignor. We reverse.

The facts are stipulated. On September 9, 1950, Louisiana Development Company, as seller-lessor, and Mansfield Hardwood Lumber Company, as buyer-lessee, entered into a contract for the lease of 1360...

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