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MILLER INDUSTRIES v. CATERPILLAR TRACTOR CO.

Civ. A. No. 78-70-H.

516 F.Supp. 84 (1980)

MILLER INDUSTRIES, INC., Joe N. Hendrix Co., Old Feller, Inc., J & G, Inc., Plaintiffs, v. CATERPILLAR TRACTOR CO., and Burford Equipment Co., Defendants, John N. Magoteaux, Intervenor.

United States District Court, S. D. Alabama, S. D.

August 13, 1980.

Attorney(s) appearing for the Case

A. Clay Rankin, III, and J. Hodge Alves, III, Mobile, Ala., for plaintiffs and intervenor.

James W. Garrett, Jr., and Robert A. Huffaker, Montgomery, Ala., for Burford Equipment Co.

William H. Hardie, Jr., Mobile, Ala., for Caterpillar Tractor Co.

MEMORANDUM DECISION

ARNOW, District Judge.

This action was originally tried without a jury by The Honorable W. B. Hand, United States District Judge for the Southern District of Alabama. Judgment was entered in favor of plaintiffs (Miller), 473 F.Supp. 1147, and defendants Caterpillar Tractor Company (Caterpillar) and Burford Equipment Company (Burford) appealed.

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