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KELLEY v. SUN-GLO PACKERS, INC.

No. 72-1917.

472 F.2d 1199 (1973)

Roy Jackson KELLEY and Lena Mae Kelley, Plaintiffs-Appellees, v. SUN-GLO PACKERS, INC., and P. G. Murphy, individually, jointly and severally, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

February 2, 1973.

Attorney(s) appearing for the Case

Irvin J. Langford, Thomas A. Johnston, III, Mobile, Ala., for defendants-appellants.

Douglas Inge Johnstone, Robert E. Gibney, Mobile, Ala., for plaintiffs-appellees.

Before GOLDBERG, AINSWORTH and INGRAHAM, Circuit Judges.

PER CURIAM:

Appellant Sun-Glo Packers, Inc. (Sun-Glo), a Mississippi corporation, engaged primarily in the business of selling soft drink concentrates, executed a contract with Roy and Lena Mae Kelley, citizens and residents of Alabama. Co-appellant P. G. Murphy, a citizen of Mississippi, owned 97% of Sun-Glo's stock and served as its president. He personally guaranteed Sun-Glo's contractual obligations.

By the terms of the contract the Kelleys were to construct...

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