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Clark Marine Corporation v. Cargill, Inc.

United States Court of Appeals, Fifth Circuit
May 7, 1965
345 F.2d 79 (5th Cir. 1965)

Opinion

No. 21729.

May 7, 1965.

Thomas H. Benton, John L. Avant, Benton Moseley, Dodd, Hirsch, Barker, Avant Wall, Baton Rouge, La., for appellant.

Robert L. Stern, E.C. Heininger, Chicago, Ill., Laurence W. Brooks, Charles W. Phillips, Taylor, Porter, Brooks, Fuller Phillips, Baton Rouge, La., Thomas B. McNeill, Mayer, Friedlich, Spiess, Tierney, Brown Platt, Chicago, Ill., for appellees.

Before JONES and WISDOM, Circuit Judges, and BREWSTER, District Judge.


The facts from which this appeal arose and the basis for the district court's decision are fully developed in its opinion. Clark Marine Corporation v. Cargill, Inc., 226 F. Supp. 103. After notice of appeal was filed, the deposition of a witness was taken. A motion to quash the deposition was denied with a reservation referring to the panel hearing the case on the merits the question as to what effect, if any, should be given to the deposition. We conclude that the deposition should not be considered, but we are also of the opinion that a consideration of it would not in any way affect the disposition of the appeal. We find ourselves in agreement with the district court and its judgment is

Affirmed.


Summaries of

Clark Marine Corporation v. Cargill, Inc.

United States Court of Appeals, Fifth Circuit
May 7, 1965
345 F.2d 79 (5th Cir. 1965)
Case details for

Clark Marine Corporation v. Cargill, Inc.

Case Details

Full title:CLARK MARINE CORPORATION, Appellant, v. CARGILL, INC., et al., Appellees

Court:United States Court of Appeals, Fifth Circuit

Date published: May 7, 1965

Citations

345 F.2d 79 (5th Cir. 1965)

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