Beagley v. United States Gypsum Co.

*490WOLFE, Chief Justice.

This case comes to the author upon reassignment. It was originally written by Dunford, District Judge, sitting as a member of this court. A majority of the court did not concur in his determination of the damages. Therefore, his opinion is published verbatim insofar as it relates to lia-bilty and the cross-appeal, but not as to damages.

This matter was before the Court previously, and was remanded for a new trial because the record upon the first trial failed to establish that the defendant, United States Gypsum Company, did or did not have the right to take its l/6th…