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SNEAD v. REDLAND AGGREGATES LTD.

No. 92-8389.

998 F.2d 1325 (1993)

Edwin De Steiguer SNEAD and Georgetown Railroad Co., Inc., Plaintiffs-Counter-Defendants-Appellants, Cross-Appellees, v. REDLAND AGGREGATES LTD. and Standard Railway Wagon Co., Ltd., Defendants-Counter-Claimants-Appellees, Cross-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Suggestion for Rehearing Denied September 28, 1993.

Attorney(s) appearing for the Case

R. James George, Jr., Peter D. Kennedy, George, Donaldson & Ford, Kathryn E. Allen, Graves, Dougherty, Hearon & Moody, P.C., Austin, TX, for Snead.

Joe B. McMaster, Georgetown, TX, Donald Scott Thomas, Jr., Joanne Summerhays, Barry K. Bishop, Clark, Thomas, Winters & Newton, Austin, TX, for Georgetown R. Co.

Christina Carlson Dodds, Rick Harrison, Jones, Day, Reavis & Pogue, Austin, TX, for Redland Aggregates.

Lester Lee Hewitt, Douglas W. Rommelmann, Pravel, Gambrell, Hewitt, Kimball & Krieger, P.C., Houston, TX, for Standard Ry. Wagon Co.

Before SMITH, DUHÉ, and WIENER, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied September 28, 1993.

JERRY E. SMITH, Circuit Judge:

I.

A.

Edwin de Steiguer Snead, a plaintiff, is the chairman of Georgetown Railroad Co. ("Georgetown"), another plaintiff. In 1984, Snead and his brother Bill1 began designing and building a new type of railroad car that they called a "dump train," which consists of a group of open-topped railroad hopper cars...

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