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MITCHELL-HUNTLEY COTTON COMPANY, INC. v. LAWSON

Civ. A. No. 2902.

377 F.Supp. 661 (1973)

MITCHELL-HUNTLEY COTTON COMPANY, INC., Plaintiff, v. W. C. LAWSON et al., Defendant and Third-Party Plaintiff, v. Jerry ADAMS et al., Third Party Defendants.

United States District Court, M. D. Georgia, Macon Division.

November 30, 1973.

Attorney(s) appearing for the Case

F. Kennedy Hall & Benjamin M. Garland, Hall & Bloch, Macon, Ga., Patrick W. Richardson, Huntsville, Ala., for plaintiff.

B. J. Smith, Smith & Ray, Decatur, Ga., for T. E. Abney, Gene Newman, Lynn Newman, L. E. Barlow, Earl Barlow, James W. Fordham, Ronald Holloway and Paul Holloway.

Manley F. Brown, H. T. O'Neal, Jr., of Adams, O'Neil, Hemingway & Kaplan, Macon, Ga., for W. C. Lawson.

Denmark Groover, Jr., Byrd, Groover & Buford, Macon, Ga., for Fulton Benson, Neal Arrowood, Jake Foskey, Roy Bozeman, James H. King, T. J. King, and for third party defendants James W. Fordham, J. W. Trunnel, Jr., William T. Hall, O. D. Lee, Donald Pipkin, Mary H. Vaughn and W. C. Moore.

Whipple & Arnold, Cochran (Alvin W. Arnold), Cochran, Ga., for Albert Floyd.

Freddie Kitchens, Charlie L. Smith, T. Walton Rogers, Devoe Smith, Jr. and R. G. Smith, for third party defendants.

OWENS, District Judge:

Plaintiff by this action seeks to specifically enforce contracts under which the defendants in the early spring and preceding planting agreed to sell their cotton. The defendants and third-party defendants are all cotton farmers. Defendant W. C. Lawson is a cotton merchant who contracted with each of the other defendants and with each of the third-party defendants to purchase all or part of their respective cotton crops for

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