COMMERCIAL BOX & LUMBER v. UNIROYAL, INC.

No. 78-3282.

623 F.2d 371 (1980)

COMMERCIAL BOX & LUMBER COMPANY, INC., Plaintiff-Appellant, v. UNIROYAL, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 26, 1980.


Attorney(s) appearing for the Case

Charles A. Potter, Texarkana, Tex., for plaintiff-appellant.

Atchley, Russell, Waldrop & Hlavinka, Norman C. Russell, Howard Waldrop, Texarkana, Tex., for defendant-appellee.

Before GOLDBERG, GARZA and REAVLEY, Circuit Judges.


GARZA, Circuit Judge:

This is a diversity action in which the Appellant Commercial Box & Lumber Company [Commercial Box] sought a monetary judgment from Uniroyal, Inc. for the latter's alleged wrongful deduction of discounts arising out of a purchase contract between the two. The district court granted summary judgment in favor of Uniroyal on the ground that the present suit is barred by res judicata. We reverse.

On November 20, 1974, Commercial...

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