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PELHAM OIL & FERTILIZER CO. v. UNITED STATES

No. 12503.

173 F.2d 888 (1949)

PELHAM OIL & FERTILIZER CO. et al. v. UNITED STATES.

United States Court of Appeals Fifth Circuit.

Rehearing Denied May 16, 1949.

Attorney(s) appearing for the Case

Alex W. Smith and Croom Partridge, both of Atlanta, Ga., for appellants.

Lewis A. Sigler, Asst. Associate Sol., of Washington, D. C., U. S. Dept. of Agriculture, and John P. Cowart, U. S. Atty., and Jack J. Gautier, Asst. U. S. Atty., both of Macon, Ga., for appellee.

Before HOLMES, McCORD, and WALLER, Circuit Judges.

McCORD, Circuit Judge.

This suit was brought by the United States to recover a balance of $8,242.14, plus interest, alleged to be due on the contract price of peanuts sold by the Commodity Credit Corporation to Pelham Oil & Fertilizer Company in the year 1943. The peanuts were destroyed by fire while in the possession of the appellant as purchaser, and under certain provisions of the contract between the parties it is alleged that appellant, Pelham Oil & Fertilizer...

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