SMITH v. BABCOCK POULTRY FARMS, INC.

Nos. 72-1288, 72-1289.

469 F.2d 456 (1972)

Harry I. SMITH, d/b/a Harry Smith Enterprises, Appellee, Cross-Appellant, v. BABCOCK POULTRY FARMS, INC., Appellant, Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied January 8, 1973.


Attorney(s) appearing for the Case

Harold A. Hintze, of Strong, Poelman & Fox, Salt Lake City, Utah, for appellant, cross-appellee.

W. Brent Wilcox, of Moyle & Draper, Salt Lake City, Utah, for appellee, cross-appellant.

Before MURRAH, SETH and DOYLE, Circuit Judges.


SETH, Circuit Judge.

Harry Smith entered into a three year franchise agreement with appellant, Babcock Poultry Farms, Inc. (Babcock), wherein he agreed to purchase from Babcock a stated number of breeding chickens each of the three years. Babcock had developed a new type of breeding chicken, called the B-300, and was anxious to establish a market for them in the Utah area where Smith resided and conducted business. These...

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