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CRYSTAL CITY v. DEL MONTE CORPORATION

No. 71-3144.

463 F.2d 976 (1972)

CRYSTAL CITY, Plaintiff-Appellee, v. DEL MONTE CORPORATION, d/b/a Del Monte Foods, Inc., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied June 26, 1972.

Attorney(s) appearing for the Case

Francis G. Harmon, II, Frank G. Harmon, Houston, Tex., for defendant-appellant; Baker & Botts, Houston, Tex., of counsel.

Pat Maloney, San Antonio, Tex., by Jesse Gamez, San Antonio, Tex., for plaintiff-appellee.

Before AINSWORTH, GODBOLD and MORGAN, Circuit Judges.

Rehearing and Rehearing Denied En Banc June 26, 1972.

AINSWORTH, Circuit Judge:

Both parties, the City of Crystal City, Texas, plaintiff, and the Del Monte Corporation, defendant, have appealed from an order of the District Court granting in part and denying in part cross-motions for summary judgments in this diversity case. The requirements of Fed. R.Civ.P. 56(c) for summary adjudication have not been met—the material facts are very much in dispute...

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