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HOHENBERG BROS. COMPANY v. KILLEBREW

No. 74-1274.

505 F.2d 643 (1974)

HOHENBERG BROS. COMPANY, Plaintiff-Appellee, v. J. A. KILLEBREW, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied January 21, 1975.

Attorney(s) appearing for the Case

John W. Barrett, Lexington, Miss., Heber A. Ladner, Jr., Jackson, Miss., for defendant-appellant.

Arnold F. Gwin, Greenwood, Miss., for plaintiff-appellee.

Before CLARK and RONEY, Circuit Judges, and RUSSELL, District Judge.

Rehearing and Rehearing En Banc Denied January 21, 1975.

CLARK, Circuit Judge:

This diversity action was brought by Hohenberg Brothers Company (Hohenberg), a Memphis-based cotton merchandiser, against J. A. Killebrew, a Mississippi farmer, for specific performance of a purchase and sales agreement covering Killebrew's cotton crop on approximately 400 acres of land in Holmes County, Mississippi. An unprecedented rise in the price of cotton during the summer...

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