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RALSTON OIL AND GAS CO. v. GENSCO, INC.

No. 81-1592.

706 F.2d 685 (1983)

RALSTON OIL AND GAS COMPANY, Plaintiff-Appellant, v. GENSCO, INC., Defendant-Appellee. GENSCO, INC., Plaintiff-Appellee, v. JACK RALSTON OIL & GAS COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 9, 1983.

Attorney(s) appearing for the Case

G.R. Poehner, Richard E. Roberts, Dallas, Tex., for plaintiff-appellant.

Paul Green, San Antonio, Tex., Jack Ware, Uvalde, Tex., for defendant-appellee.

Before WILLIAMS and JOLLY, Circuit Judges, and WILL, District Judge.

E. GRADY JOLLY, Circuit Judge:

This diversity action involves a claim by Ralston Oil and Gas Company1 against Gensco, Incorporated,2 for damages and attorneys' fees growing out of a sale of allegedly defective pipe system in Webb County, Texas. In addition, this action involves a suit by Gensco against Ralston upon a sworn account for recovery of money claimed due Gensco for the pipe sold to Ralston.

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