Xyoquip, Inc. v. Mims

MEMORANDUM OF DECISION

ORMA R. SMITH, District Judge.

This action was tried to the court, sitting without a jury, at the United States Courthouse in Greenville, Mississippi, on September 16, 1975. The parties have submitted post-trial memoranda and the action is ready for entry of the court’s findings of fact and conclusions of law pursuant to Rule 52(a) Fed.R.Civ.P. They are incorporated in this memorandum.

The evidence in the case is without substantial conflict. Plaintiff, XYOQUIP, Inc., (hereinafter referred to as “plaintiff”) is a foreign corporation organized and existing under the laws of…