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COLUMBIAN PEANUT COMPANY v. FROSTEG

No. 72-1224.

472 F.2d 476 (1973)

The COLUMBIAN PEANUT COMPANY, Plaintiff-Appellant, v. Harry FROSTEG et al., Defendants, The Bank of Camilla and Farmers Bank of Pelham, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied April 13, 1973.

Attorney(s) appearing for the Case

H. Thaxton Monk, Jr., Pelham, Ga., Robert A. Elsner, Atlanta, Ga., for plaintiff-appellant.

Frank S. Twitty, Camilla, Ga., for Bank of Camilla.

Fred B. Hand, Jr., Pelham, Ga., for Farmers Bank.

Before RIVES, WISDOM and RONEY, Circuit Judges.

Rehearing and Rehearing En Banc Denied April 13, 1973.

RIVES, Circuit Judge:

In July 1970, Columbian Peanut Company (Columbian) entered into a written contract with Frosteg and his whollyowned corporation, Pelham Peanut Company, by which Frosteg, on a commission basis, was to purchase and store peanuts for Columbian during the 1970 crop season in the peanut growing area of southwest Georgia. During the 1969 crop season a similar arrangement had existed between...

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