NEAL-COOPER GRAIN CO. v. TEXAS GULF SULPHUR CO.

Nos. 73-1486, 73-1503 and 73-1558.

508 F.2d 283 (1974)

NEAL-COOPER GRAIN COMPANY, an Illinois Corporation, Plaintiff-Appellant, Cross-Defendant-Appellee, v. TEXAS GULF SULPHUR COMPANY, a Texas Corporation, Defendant-Appellee, Cross-Complainant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided December 17, 1974.


Attorney(s) appearing for the Case

Jack E. Horsley, Richard F. Record, Jr., Stephen L. Corn and Glenn A. Braden, Mattoon, Ill., for Neal-Cooper Grain Co.

F. Daniel Welsch, Danville, Ill., for Texas Gulf Sulphur Co.

Before FAIRCHILD, PELL, and STEVENS, Circuit Judges.


PELL, Circuit Judge.

This is an appeal and a cross-appeal from a judgment entered by the district court following a bench trial in a diversity case. Neal-Cooper Grain Company (Neal-Cooper) in its complaint sought damages for breach of an alleged contract. The defendant Texas Gulf Sulphur Company (TGS) counterclaimed for the price, plus interest, of certain fertilizer materials sold and delivered to Neal-Cooper but not arising...

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