McCULLOUGH INDUSTRIES, INC. v. HOOVER, INC.

No. 71-2146.

456 F.2d 170 (1972)

McCULLOUGH INDUSTRIES, INC., Plaintiff-Appellee, v. HOOVER, INC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied January 11, 1972.


Attorney(s) appearing for the Case

Norton Brooker, Jr., Lyons, Pipes & Cook, Mobile, Ala., Judson Harwood, Nashville, Tenn., Sam W. Pipes, III, Mobile, Ala., for defendant-appellant.

J. Edward Thornton, Mobile, Ala., Robert McDavid Smith, Birmingham, Ala., for plaintiff-appellee.

Before BELL, AINSWORTH and GODBOLD, Circuit Judges.


Rehearing and Rehearing En Banc Denied January 11, 1972.

PER CURIAM:

This appeal is before us for the second time. In our former opinion (5th Cir., 380 F.2d 798), we affirmed the jury verdict based on answers to special interrogatories that appellant Hoover had breached its contract with appellee McCullough. We likewise affirmed the judgment of the District Court based on findings of a Special Master on the question of damages...

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