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NEPHI PROCESSING PLANT v. TALBOTT

No. 5558.

247 F.2d 771 (1957)

NEPHI PROCESSING PLANT, Inc., a corporation, Appellant, v. H. A. TALBOTT and Margaret Talbott, Appellees.

United States Court of Appeals Tenth Circuit.

September 3, 1957.

Attorney(s) appearing for the Case

Edward W. Clyde (of Clyde & Mecham), Salt Lake City, Utah, for appellant.

Richard M. Taylor, Spanish Fork, Utah, and Arthur H. Nielsen, Salt Lake City, Utah, for appellees.

Before PHILLIPS, PICKETT and LEWIS, Circuit Judges.

PICKETT, Circuit Judge.

In February 1954, H. A. Talbott and his wife Margaret, residents of Palisade, Colorado, purchased approximately 20,000 turkey poults from the defendant, Nephi Processing Plant, Inc., a Utah corporation. They brought this action to recover damages for breach of express or implied warranty of the poults, for conversion of the turkeys after they were delivered to and processed by the defendant, and for other specific items of damage. Western Cooperative...

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