GRAHAM v. TEXAS GULF SULPHUR COMPANY

No. 71-1233.

457 F.2d 418 (1972)

R. Walter GRAHAM, Jr., Plaintiff-Appellant, v. TEXAS GULF SULPHUR COMPANY et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

As Amended on Rehearing March 2, 1972.


Attorney(s) appearing for the Case

John M. McMullen, D. Marshall Simmons, Dallas, Tex., George C. Doub, Robert L. Brownell, Baltimore, Md., Jenkins Spradley & Gilchrist, Dallas, Tex., for R. Walter Graham, Jr., appellant; Weinberg & Green, Baltimore, Md., of counsel.

Thomas M. Phillips, Houston, Tex., for Texas Gulf Sulphur Co.

Don L. Case, Jack Pew, Jr., Dallas, Tex., for Jos. E. Seagram; Jackson, Walker, Winstead, Cantwell & Miller, Dallas, Tex., of counsel.

Theodore F. Weiss, Jr., Houston, Tex., for appellees; Baker & Botts, Houston, Tex., of counsel.

Before WISDOM, COLEMAN and SIMPSON, Circuit Judges.


COLEMAN, Circuit Judge:

This class action was brought by Walter Graham, Jr., as the owner of 50,200 Delhi Contract Units seeking judicial determination of past, present, and future rights of the holders of such units, as well as the corresponding obligations of Texas Gulf and Seagram with reference thereto. The suit included a prayer for general relief. The District Court denied all relief, including Graham's motion for a partial summary judgment, and granted a summary...

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