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COMMERCIAL METALS COMPANY v. WALKER

No. 30039.

439 F.2d 1103 (1971)

COMMERCIAL METALS COMPANY, Plaintiff-Appellant, v. Sol WALKER, d/b/a Sol Walker & Company, etc., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 2, 1971.

Attorney(s) appearing for the Case

Thomas C. MacDonald, Jr., Tampa, Fla., for plaintiff-appellant; Shackleford, Farrior, Stallings & Evans, Professional Assn., Tampa, Fla., Burlingham, Underwood, Wright, White & Lord, New York City, of counsel.

David J. Kadyk, Charles W. Pittman, MacFarlane, Ferguson, Allison & Kelly, Tampa, Fla., for defendants-appellees.

Before TUTTLE, AINSWORTH and SIMPSON, Circuit Judges.

AINSWORTH, Circuit Judge:

This Florida-based diversity action was brought by Commercial Metals Company [Commercial] to recover an alleged overpayment of $28,025.89 from Sol Walker & Company [Walker] for scrap metal. Walker denied overpayment, contending that payment had been made in accordance with the terms of the contract. Walker filed requests for admissions, which were not answered, and thereafter moved for summary judgment. Commercial filed several affidavits...

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