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KERR-McGEE CHEMICAL CORPORATION v. HARRIS

No. 29147.

442 F.2d 1109 (1971)

KERR-McGEE CHEMICAL CORPORATION, Plaintiff-Cross Defendant-Appellee, v. W. L. HARRIS, Defendant-Cross Plaintiff, Appellant. KERR-McGEE CHEMICAL CORPORATION, Third Party Plaintiff-Appellee, v. DeKALB AGRESEARCH, INC., Third Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 5, 1971.

Attorney(s) appearing for the Case

Broadus A. Spivey, Jan Fouts, Key, Carr, Evans & Fouts, Lubbock, Tex., for W. L. Harris.

Ralph Brock, Bobby J. Moody, Robert C. Wright, Brock, Wright, Waters & Galey, Lubbock, Tex., for Kerr-McGee Chemical Corp., appellee.

Joe H. Nagy, Lubbock, Tex., for DeKalb Agresearch Inc.

Before COLEMAN, AINSWORTH and GODBOLD, Circuit Judges.

AINSWORTH, Circuit Judge:

In the period April 27 through July 27, 1966, plaintiff W. L. Harris purchased from Kerr-McGee Chemical Corporation seed, fertilizer, chemicals, and irrigation equipment in the total amount of $12,262.49.1 He paid $700 on account, in seven $100 payments during the year 1967, leaving unpaid the sum of $11,562.49. Kerr-McGee filed suit on July 30, 1968 for this balance...

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