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GUMZ v. STARKE COUNTY FARM, ETC.

No. 3-376A68.

383 N.E.2d 1061 (1978)

Arthur P. GUMZ, Frederick Gumz, and Paul Gumz, Appellants (Defendants below), v. STARKE COUNTY FARM BUREAU COOPERATIVE ASSOC., Inc., an Ind. Corp., Pulaski County Farm Bureau Cooperative Assoc., Inc., an Ind. Corp., La Crosse Grain Company, Inc., an Ind. Corp., and Smolek Grain, Inc., an Ind. Corp., Appellees (Plaintiffs below).

Court of Appeals of Indiana, Third District.

Rehearing Denied April 5, 1979.

Attorney(s) appearing for the Case

Paul E. Reed, Knox, B. Patrick Maloy, North Judson, for appellants.

Thomas B. Dumas, Rensselaer, Edward L. Volk, John E. Newby, Newby, Lewis, Kaminski & Jones, La Porte, for appellees.

HOFFMAN, Judge.

The four plaintiffs-appellees operated grain elevators. As a regular part of their business they executed contracts with local farmers for the purchase of grain to be grown by said farmers and delivered to appellees Grain Companies at some specified time in the future. Defendants-appellants (the Gumzes) are farmers who till in excess of 4,000 acres. Arthur Gumz, father of Frederick and Paul Gumz and the owner of the farm, runs the farm as a sole proprietorship...

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