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GAHIMER v. VIRGINIA-CAROLINA CHEMICAL CORPORATION

No. 11856.

241 F.2d 836 (1957)

Haskell GAHIMER, Helen C. Spradling, Administratrix of the Estate of Birney D. Spradling, Deceased, Plaintiffs-Appellants, v. VIRGINIA-CAROLINA CHEMICAL CORPORATION, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

Rehearing Denied March 29, 1957.

Attorney(s) appearing for the Case

Lawrence H. Hinds, Indianapolis, Ind., Clair McTurnan, Indianapolis, Ind., for appellants.

Harold H. Bredell, Indianapolis, Ind., Bredell, Cooper & Martin, Indianapolis, Ind., of counsel, for appellee.

Before DUFFY, Chief Judge, and MAJOR and LINDLEY, Circuit Judges.

MAJOR, Circuit Judge.

Plaintiff Haskell Gahimer operated a farm owned by Birney D. Spradling in Rush County, Indiana. Defendant, Virginia-Carolina Chemical Corporation, was engaged in the manufacture of fertilizer, with numerous plants, one of which was located at Cincinnati, Ohio. Lowell Innis, d/b/a Innis Farm Supply Company, operated a farm supply business at Milroy, Indiana, about three miles from the Spradling farm and, among other things, handled and sold fertilizer...

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