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R. CLINTON CONST. CO. v. BRYANT & REAVES, INC.

No. WC 76-100-K.

442 F.Supp. 838 (1977)

R. CLINTON CONSTRUCTION COMPANY, Plaintiff, v. BRYANT & REAVES, INC., Defendant and Third-Party Plaintiff, v. Porter PURYEAR, d/b/a Puryear Auto Company, Third-Party Defendant and Fourth-Party Plaintiff, v. Luther KELLY, Fourth-Party Defendant.

United States District Court, N. D. Mississippi, W. D.

December 22, 1977.

Attorney(s) appearing for the Case

L. G. Fant, Jr., Holly Springs, Miss., for plaintiff.

William R. Bradley, Clarksdale, Miss., for Bryant & Reaves.

William C. Murphree, Tupelo, Miss., for Puryear.

No attorney for Kelly.

MEMORANDUM OF DECISION

KEADY, Chief Judge.

In this diversity action, R. Clinton Construction Company (Clinton), plaintiff, a Missouri citizen, sues Bryant & Reaves, Inc. (Bryant & Reaves), defendant, a Mississippi citizen, for damages arising out of the sale to plaintiff of allegedly defective antifreeze sold and delivered to it at Holly Springs, Mississippi. By its answer, defendant denied liability, asserting that the antifreeze which it sold plaintiff...

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