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GILLESPIE v. W. A. RANSOM LUMBER COMPANY

Civ. A. No. 1323.

132 F.Supp. 11 (1955)

William M. GILLESPIE, Sr., Plaintiff, v. W. A. RANSOM LUMBER COMPANY, Defendant and Third-Party Plaintiff, W. D. CANN, Sr., Third-Party Defendant.

United States District Court E. D. Louisiana, Baton Rouge Division.

May 18, 1955.

Attorney(s) appearing for the Case

Sanders, Miller, Downing, Rubin & Kean, Ben R. Downing, Jr., R. Gordon Kean, Jr., Baton Rouge, La., for plaintiff.

Breazeale, Sachse & Wilson, Victor A. Sachse, Baton Rouge, La., Edward Stoulig, Kenner, La., for defendant.

Harrison G. Bagwell, Baton Rouge, La., for third-party defendant.

WRIGHT, District Judge.

The third-party defendant entered into a contract with the plaintiff on October 1, 1953 "For the purpose of selling cypress timber" purchased by the third-party defendant from the Natalbany Lumber Company to the plaintiff. The agreement1 provided that the plaintiff would pay $35 per 1,000 feet for all down or dead timber to be found on tract in question, and $40 per 1...

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