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FRED HALE MACHINERY, INC. v. LAUREL HILL LUMBER CO.

No. 72-2802.

483 F.2d 58 (1973)

FRED HALE MACHINERY, INC., Plaintiff-Third-Party Plaintiff-Appellee, v. LAUREL HILL LUMBER COMPANY, INC., et al., Defendants-Appellants, Glenn Machine Works, Inc., Third Party Defendant.

United States Court of Appeals, Fifth Circuit.

July 6, 1973.

Attorney(s) appearing for the Case

Weaver E. Gore, Jr., Jackson, Miss., Richard T. Watson, Woodville, Miss., Thomas H. Watkins, Jackson, Miss., for appellants.

G. Lowrey Lucas, Alvin M. Binder, Jackson, Miss., for appellee.

Dudley H. Carter, Columbus, Miss., for Glenn Machine.

Before TUTTLE, THORNBERRY and DYER, Circuit Judges.

THORNBERRY, Circuit Judge:

Laurel Hill Lumber Company, a Mississippi corporation, appeals from a jury verdict awarding Fred Hale Machinery, a Louisiana corporation, $27,082.62 as the balance owing under a contract to design and supply certain sawmill machinery, and denying Laurel Hill any recovery on its counterclaim for breach of express and implied warranties governing the transaction. We affirm.

In September 1968, after the parties had conducted negotiations...

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