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PAUL O'LEARY LUMBER CORP. v. MILL EQUIPMENT, INC.

No. 30762.

448 F.2d 536 (1971)

PAUL O'LEARY LUMBER CORPORATION, Plaintiff-Appellant-Cross Appellee, v. MILL EQUIPMENT, INC., Defendant-Appellee, Wilco Machine Works, Inc., Defendant-Appellee-Cross Appellant.

United States Court of Appeals, Fifth Circuit.

September 17, 1971.

Attorney(s) appearing for the Case

E. L. Snow, T. Kenneth Watts, Meridian, Miss., for appellant.

R. B. Deen, Jr., Ralph E. Young, Jr., Meridian, Miss., for Wilco Machine Works, Inc.

William B. Compton, Meridian, Miss., for Mill Equip., Inc.

Before TUTTLE, THORNBERRY and INGRAHAM, Circuit Judges.

PER CURIAM:

This case reaches us as an appeal by Paul O'Leary Lumber Corporation and cross-appeal by Wilco Machine Works, Inc. At the heart of the controversy is the Selective Beaver No. 2, a machine that is designed to produce rough lumber and wood chips in one operation at a profitable rate. The machine was manufactured by Mill Equipment, Inc. and sold by Wilco to O'Leary. It performed miserably. The Beaver's failure was attributable primarily to its cutting knives...

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