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BAW MFG. CO. v. SLAKS FIFTH AVENUE, LTD.

No. 76-2638 Summary Calendar.

547 F.2d 928 (1977)

BAW MANUFACTURING COMPANY, Plaintiff-Appellee, v. SLAKS FIFTH AVENUE, LTD., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 28, 1977.

Attorney(s) appearing for the Case

David R. Rosado, El Paso, Tex., Marvin S. Robinson, Michael J. Klosk, New York City, for defendant-appellant.

Larry H. Schwartz, David R. McClure, El Paso, Tex., for plaintiff-appellee.

Before WISDOM, GEE and TJOFLAT, Circuit Judges.

GEE, Circuit Judge:

Pursuant to an agreement between the parties, BAW Manufacturing Company, plaintiff-appellee, assembled garments for Slaks Fifth Avenue, defendant-appellant, from piecegoods supplied by Slaks. After about a year of this arrangement, Slaks stopped paying the BAW invoices as they came due. BAW sued Slaks on a sworn account in a Texas state court to recover $40,458.18 for assembly work performed but not paid for. Slaks removed the action to federal...

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