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PIRRONE v. MONARCH WINE COMPANY OF GEORGIA

No. 73-2913.

497 F.2d 25 (1974)

Alfred F. PIRRONE, d/b/a Pirrone Wine Cellars, Plaintiff-Appellee, v. MONARCH WINE COMPANY OF GEORGIA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 10, 1974.

Attorney(s) appearing for the Case

J. R. Cullens, William E. Cetti, John V. Burch, Cartersville, Ga., for defendant-appellant.

Alford Wall, Steven J. Martin, Atlanta, Ga., for plaintiff-appellee.

Before COLEMAN, CLARK and GEE, Circuit Judges.

GEE, Circuit Judge :

This diversity contract action was brought by Alfred F. Pirrone (Pirrone), a California wine-maker of modest capacity, against Monarch Wine Company of Georgia (Monarch), the nation's largest purchaser of peach brandy. From a jury verdict for Pirrone, Monarch appeals. We affirm in part and in part reverse.

Peach brandy is an off-season crop for California wine-makers such as Pirrone. Since peach production there occurs from late June into...

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