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BAGBY LAND AND CATTLE CO. v. CALIFORNIA LIVESTOCK COM'N CO.

No. 29841.

439 F.2d 315 (1971)

BAGBY LAND AND CATTLE COMPANY, Plaintiff-Appellee, v. CALIFORNIA LIVESTOCK COMMISSION COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 3, 1971.

Attorney(s) appearing for the Case

Don Studdard, Studdard & Melby, El Paso, Tex., for defendant-appellant.

Charles Anderson, El Paso, Tex., for appellee.

Before JONES, GEWIN and CLARK, Circuit Judges.

GEWIN, Circuit Judge:

The appellee, Bagby Land and Cattle Co., Inc. (Bagby Land), brought this action against appellant California Livestock Commission Company (California Livestock) for damages and attorneys' fees incurred as a result of California Livestock's refusal to pay for 80 head of cattle delivered by Bagby Land to it. California Livestock admitted receipt of the cattle, but asserted in defense an offset and counter...

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