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DeKALB AGRESEARCH, INC. v. ABBOTT

Civ. A. No. 72-665.

391 F.Supp. 152 (1974)

DeKALB AGRESEARCH, INC., a Delaware Corporation, Plaintiff, Counter-Defendant, v. Ralph ABBOTT, Individually and d/b/a Abbott Egg Farms No. 120, Abbott Egg Farms, Inc., Defendant, Counter-Plaintiff.

United States District Court, N. D. Alabama, S. D.

February 4, 1974.

Attorney(s) appearing for the Case

George C. Hawkins, Gadsden, Ala., Euel A. Screws, Jr., Hobbs, Copeland, Franco & Screws, Montgomery, Ala., for plaintiff.

R. B. Jones, Birmingham, Ala., for defendant.

MEMORANDUM OF OPINION

POINTER, District Judge.

This cause arises upon motion of DeKalb, counterclaim defendant, for summary judgment pursuant to Rule 56, F.R.C.P. It is without dispute that the contract attached to counterclaim defendant's motion is a true copy of the written agreement between the parties with respect to the subject matter which gives rise to this litigation.

The court, having studied the pleadings, depositions, answers to interrogatories...

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