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H. L. PETERSON COMPANY v. APPLEWHITE

No. 23907.

383 F.2d 430 (1967)

H. L. PETERSON COMPANY, Appellant, v. S. W. APPLEWHITE, II, et ux., et al., Appellees. S. W. APPLEWHITE, II, et ux., et al., Appellants, v. A. O. SMITH CORPORATION and H. L. Peterson Company, Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied November 3, 1967.

Attorney(s) appearing for the Case

Royal H. Brin, Jr., Cedric G. Hamlin, Dallas, Tex., for appellant.

Walter E. Workman, for S. W. Applewhite, II, and others, appellees and protective counter-appellants. Baker, Botts, Shepherd & Coates, Houston, Tex., of counsel.

James Greenwood, III, of Vinson, Elkins, Weems & Searls, Houston, Tex., for A. O. Smith Corporation, appellees.

Before BELL, GODBOLD, and DYER, Circuit Judges.

GRIFFIN B. BELL, Circuit Judge:

The background of this appeal is a suit which arose out of the sale by Peterson, a dealer, of a new type silo and related equipment manufactured by A. O. Smith Corporation to the Applewhites, father and son, who were dairy operators. Smith sued the Applewhites on a note representing the balance due on the purchase price. The note was secured by a chattel mortgage on the silo and related equipment...

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