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HOBART BROTHERS CO. v. MALCOLM T. GILLILAND, INC.

No. 72-1064.

471 F.2d 894 (1973)

HOBART BROTHERS COMPANY, Plaintiff-Appellant, v. MALCOLM T. GILLILAND, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 26, 1973.

Attorney(s) appearing for the Case

John M. Sikes, Jr., Joseph Lefkoff, Atlanta, Ga., Francis D. Morrissey, Chicago, Ill., Lawrence W. Newman, Baker & McKenzie, New York City, for plaintiff-appellant.

Hamilton Lokey, Atlanta, Ga., Wright Gellerstedt, Decatur, Ga., for defendant-appellee.

Before COLEMAN, GOLDBERG and GODBOLD, Circuit Judges.

COLEMAN, Circuit Judge:

Hobart Brothers Company sued Malcolm Gilliland, Inc. for monies owed on open account in the sum of $21,184.44.

Gilliland admitted the alleged indebtedness, but filed a three-count counterclaim. The counterclaim alleged a breach of the distributorship agreement, the failure of Hobart to credit a return of defective goods, and the negligence of Hobart in filling a particular order.

Nine months after filing its original answer...

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