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RALSTON PURINA CO. v. McFARLAND

No. 75-2022.

550 F.2d 967 (1977)

RALSTON PURINA COMPANY, Appellee, v. William A. McFARLAND, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided February 23, 1977.

Attorney(s) appearing for the Case

Ronald H. Ruis, Durham, N.C. (Harriss, Ruis & Mulligan, Durham, N.C., on brief), for appellant.

Robert L. Emanuel, Raleigh, N.C. (Emanuel & Thompson, Raleigh, N.C., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, CRAVEN, Circuit Judge, and FIELD, Senior Circuit Judge.

FIELD, Senior Circuit Judge:

This diversity action was instituted by the plaintiff, Ralston Purina Company (Purina), to recover damages from William A. McFarland based upon his breach of a contract to sell and deliver to the plaintiff at its plant in Raleigh, North Carolina, a quantity of soybeans from his 1973 crop. The district court granted summary judgment in favor of Purina on the breach of contract issue and thereafter submitted the issue of damages to a jury...

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