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KINCAID COTTON COMPANY, INC. v. KESEY BROTHERS

No. 74-2820 Summary Calendar.

504 F.2d 976 (1974)

KINCAID COTTON COMPANY, INC., Plaintiff-Appellant, v. KESEY BROTHERS, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

December 2, 1974.

Attorney(s) appearing for the Case

Lucius D. Bunton, Odessa, Tex., Marvin Jay Wise, Dallas, Tex., for plaintiff-appellant.

Richard D. Naylor, Pecos, Tex., for defendant-appellee.

Before BELL, SIMPSON and MORGAN, Circuit Judges.

SIMPSON, Circuit Judge:

Plaintiff-appellant, Kincaid Cotton Company, Inc., a North Carolina corporation, brought suit in the district court for breach of contract against defendant-appellee Kesey Brothers, a Texas partnership. The complaint, alleging diversity jurisdiction, sought declaratory relief and specific performance or, in the alternative, damages. The district court without holding an evidentiary hearing entered judgment for Kesey Brothers. Because the district...

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