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WHITE v. ROSE

No. 5409.

241 F.2d 94 (1957)

George L. WHITE, Appellant, v. Coy H. ROSE, also known as Coy N. Rose, individually, and doing business as Rose Feed Co., Appellee.

United States Court of Appeals Tenth Circuit.

January 12, 1957.

Attorney(s) appearing for the Case

Wm. Hedges Robinson, Jr., Denver, Colo., for appellant.

Fred M. Winner, Denver, Colo. (Max D. Melville and William G. Berge, Denver, Colo., were with him on the brief), for appellee.

Before BRATTON, Chief Judge, and HUXMAN and PICKETT, Circuit Judges.

PICKETT, Circuit Judge.

The plaintiff, George L. White, a cattle rancher in southwestern Colorado, bought from a retail dealer in Colorado a quantity of prepared livestock feed which had been manufactured and packaged by the defendant in Kansas. The product contained approximately 7% elemental sulphur and protein, neither of which, used alone, is harmful to cattle. Plaintiff fed the product to his cattle as directed and a short time thereafter thirty-three head of...

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