Thomas Bate & Sons v. Kennedy

The judgment appealed from in this cause is based upon the judgment which was reversed and set aside in Tejas Development Company and E. V. Kennedy v. McGough Brothers et al., 5 Cir., 165 F.2d 276, and must fall with that judgment. This case is accordingly also reversed and remanded to the district court for such further proceedings as may appear to be proper.

Reversed and remanded.