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WEATHERSBY v. GORE

No. 75-2501.

556 F.2d 1247 (1977)

Frank WEATHERSBY, d/b/a Weathersby Cotton Co., Plaintiff-Appellee, v. Y. B. GORE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 3, 1977.

Attorney(s) appearing for the Case

Armis E. Hawkins, James S. Gore, Houston, Miss., James D. Waide, West Point, Miss., for defendant-appellant.

J. Kimbrough Johnson, John J. Thomason, Memphis, Tenn., for plaintiff-appellee.

Before AINSWORTH and CLARK, Circuit Judges, and HUGHES, District Judge.

CLARK, Circuit Judge:

This Mississippi-based diversity action was brought by Frank Weathersby, a Memphis, Tennessee cotton buyer doing business as Weathersby Cotton Company, against Y. B. Gore, a Webster County, Mississippi cotton farmer. Weathersby contended he had a valid contract with defendant Gore which obligated Gore to sell the cotton produced by him on 500 acres of land during the 1973 crop year. Two months after the contract was entered and many months before...

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