Nos. 75-2412 and 75-2413.

551 F.2d 1057 (1977)

AGRICULTURAL SERVICES ASSOCIATION, INCORPORATED, Plaintiff-Appellee, v. FERRY-MORSE SEED COMPANY, INCORPORATED, Defendant-Appellant, and Waldo Rohnert Company, Third-Party Appellant.

United States Court of Appeals, Sixth Circuit.

Decided March 25, 1977.

Rehearing Denied May 20, 1977.

Attorney(s) appearing for the Case

John S. Porter, Charles O. McPherson, Burch, Porter & Johnson, Memphis, Tenn., for defendant-appellant in 75-2412.

Roy Hall, James D. Todd, Jackson, Tenn., James H. Kinnard, Lebanon, Tenn., for plaintiff-appellee in both cases.

Edward A. Kizer, Goff, Canale, Kizer & Cribbs, Memphis, Tenn., Spencer LeRoy, III, Chicago, Ill., for defendant-appellant in 75-2413.

Before WEICK, PECK and ENGEL, Circuit Judges.

WEICK, Circuit Judge.

The controversy in these appeals arose out of the sale of 25,000 pounds of Clemson Spineless Okra Seed [C/S] okra seed1 in September, 1967 by Ferry-Morse Seed Company, Inc. [F-M], a California corporation, to Agricultural Services Association, Inc. [ASA], a Tennessee cooperative. F-M had purchased the seed from Waldo Rohnert Company [W-R], a California corporation. Because...

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