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SMITH v. SWIFT AND COMPANY

No. 7163.

320 F.2d 268 (1963)

Glenn W. SMITH, Appellant, v. SWIFT AND COMPANY, a corporation, Appellee.

United States Court of Appeals Tenth Circuit.

July 25, 1963.

Attorney(s) appearing for the Case

John Berglund, Clay Center, Kan. (William L. Rees, Topeka, Kan., on the brief), for appellant.

Charles A. Walsh, Concordia, Kan. (R. A. Brown, St. Joseph, Mo., on the brief), for appellee.

Before BREITENSTEIN, HILL and SETH, Circuit Judges.

SETH, Circuit Judge.

This suit was commenced by appellant, a turkey grower, to recover from appellee, Swift and Company, the price of a flock of turkeys it purchased from him. The case was removed to the United States District Court for the District of Kansas, where it was tried without a jury. The judge found for the appellee and this appeal was taken.

The appellant had entered into a contract with Dannen Mills, Inc., which is not a party to this action,...

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