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BETTER BEVERAGES, INC. v. UNITED STATES

No. 78-2880.

625 F.2d 1160 (1980)

BETTER BEVERAGES, INC., Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. S. A. STRANE and wife, Alice F. Strane, and Billy F. Strane, Individually and as Independent Executor of the Estate of Adele Strane, Deceased, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 15, 1980.

Attorney(s) appearing for the Case

Robert I. White, Atty., Martin B. Whitaker, Houston, Tex., for plaintiff-appellant.

M. Carr Ferguson, Asst. Atty. Gen., Gilbert E. Andrews, William A. Whitledge, Tax Division, U. S. Dept. of Justice, Washington, D. C., for United States.

Fulbright & Jaworski, Kenneth L. Stewart, Charles W. Hall, Houston, Tex., for S. A. Strane et al.

Before JONES, GEE and REAVLEY, Circuit Judges.

ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC

(Opinion, 5 Cir., 1980, 619 F.2d 424)

PER CURIAM:

Better Beverages reads our opinion to require that, to resist summary judgment, it must present proof of the exact value of the covenant mutually agreed upon by the seller and buyer. That is not the holding; we hold that Better Beverages suffered judgment...

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