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JAMESTOWN FARMERS ELEVATOR, INC. v. GENERAL MILLS

No. 76-1434.

552 F.2d 1285 (1977)

JAMESTOWN FARMERS ELEVATOR, INC., formerly Mutschler Grain Company, Appellant, v. GENERAL MILLS, INC., Appellee.

United States Court of Appeals, Eighth Circuit.

Decided April 4, 1977.

Rehearing Denied April 29, 1977.

Attorney(s) appearing for the Case

John F. Hacking, Minneapolis, Minn., for appellant; Gordon J. Berg and David Gronbeck, Minneapolis, Minn., on brief.

Robert H. Swenson, Moorhead, Minn., for appellee; James D. Cahill, of Cahill, Gunhus, Streed, Grinnell, Jeffries & Klinger, Moorhead, Minn., on brief.

Before MATTHES, Senior Circuit Judge, BRIGHT and HENLEY, Circuit Judges.

BRIGHT, Circuit Judge.

From February 18 through April 8, 1974, appellant Jamestown Farmers Elevator, Inc., previously known as Mutschler Grain Company,1 a corporation owned by Donald Mutschler and his father, Fred Mutschler, essentially completed the balance of deliveries on a sale of 30,000 bushels of barley to General Mills for $1.22 per bushel at a time when that delivered grain was worth more than $3 per bushel on the open market....

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