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UNITED STATES STEEL CORP. v. DARBY

No. 74-2665.

516 F.2d 961 (1975)

UNITED STATES STEEL CORP., Plaintiff-Appellee, v. Elton H. DARBY, Defendant-Third Party Plaintiff-Appellant, v. SOUTHERN FABRICATING COMPANY, INC., Third Party Defendant.

United States Court of Appeals, Fifth Circuit.

August 4, 1975.

Attorney(s) appearing for the Case

Robert L. Potts, Ernest N. Blasingame, Jr., Florence, Ala., for defendant-third party plaintiff-appellant.

John D. Clements, Birmingham, Ala., for plaintiff-appellee.

Before BROWN, Chief Judge, and GEWIN and THORNBERRY, Circuit Judges.

THORNBERRY, Circuit Judge:

In early 1970 Southern Fabricating Company, Inc. began to make regular credit purchases of steel manufactured by United States Steel Corporation (USS). The manufacturer filled steel purchase orders in April, May, and June 1971 despite Southern Fabricating's failure to keep current on its payments. Several times in May 1971 USS unsuccessfully attempted to determine the reason for the delinquency. Then in June 1971 Southern Fabricating personnel...

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