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FOUR-WAY COAL COMPANY v. CLARK EQUIPMENT COMPANY

Nos. 74-1165-74-1167.

511 F.2d 1196 (1975)

FOUR-WAY COAL COMPANY, Plaintiff-Appellant, v. CLARK EQUIPMENT COMPANY, Defendant-Appellee. BLACK DIAMOND AUGER MINING, INC., Plaintiff-Appellant, v. CLARK EQUIPMENT COMPANY, Defendant-Appellee. FARRELL MINING COMPANY and Farco Company, Inc., Counter-Defendants-Appellants, v. SIMMONS MACHINERY COMPANY, INC., Counter-Plaintiff-Appellee.

United States Court of Appeals, Sixth Circuit.

February 19, 1975.

Attorney(s) appearing for the Case

Glenn W. Denham, Denham, Ralston & Nagle, Middlesboro, Ky., Thomas W. Prewitt, Butler, Snow, O'Mara, Stevens & Canada, Jackson, Miss., Foster D. Arnett, Arnett, Draper & Hagood, Knoxville, Tenn., for plaintiffs-appellants, counter-defendants-appellants.

W. Keith McCord, Egerton, McAfee, Armistead, Davis & McCord, Knoxville, Tenn., William H. Mills, Birmingham, Ala., Robert R. Campbell, Hodges, Doughty & Carson, Knoxville, Tenn., for defendant-appellee, counter-plaintiff-appellee.

Before EDWARDS and ENGEL, Circuit Judges, and CECIL, Senior Circuit Judge.

PER CURIAM.

These are three suits involving the sale or leasing of Clark Equipment Company's Model 475 421E Front End Loader. Four-Way Coal Company sued Clark Equipment in No. 74-1165; Black Diamond Auger Mining, Inc., sued Clark Equipment in No. 74-1166; Farrell Mining Company and Farco Company, Inc., sued Simmons Machinery Company, Inc., in 74-1167, and in turn Simmons Machinery counterclaimed against Farrell and Farco...

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