J. H. Phipps Lumber Co. v. Omaha Hardwood Lumber Co.

MILLER, District Judge.

The plaintiff, J. H. Phipps Lumber Company, is a corporation, organized and doing business under the laws of the State of Arkansas, with its principal place of business at Fayetteville, Arkansas.

The defendant, Omaha Hardwood Lumber Company, is a corporation, organized and existing under the laws of Nebraska, with its principal place of business at Omaha, Nebraska.

Both plaintiff and defendant are now and have been since incorporation engaged in the manufacture, purchase and sale of lumber of various kinds.

On December 3, 1938, plaintiff filed its complaint in the Chancery…