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R. N. KELLY COTTON MERCHANT, INC. v. YORK

No. 73-3838 Summary Calendar.

494 F.2d 41 (1974)

R. N. KELLY COTTON MERCHANT, INC., Plaintiff-Appellee, v. Kenneth YORK, L. M. York, Hugh D. McLane and Charles Cheek, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

May 20, 1974.

Attorney(s) appearing for the Case

E. Freeman Leverett, Elberton, Ga., for defendants-appellants.

Eugene A. Epting, Athens, Ga., for plaintiff-appellee.

Before BELL, SIMPSON and MORGAN, Circuit Judges.

PER CURIAM:

Appellee is a cotton merchant who brought this diversity action to obtain specific performance of contracts for the sale of cotton by appellant cotton farmers. The contracts were executed in March, 1973, at a price fair at the time but much lower than that prevailing during the fall when delivery was due. The district court granted the relief sought, finding that by virtue of appellee's own contractual commitments...

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