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MANN & PARKER LUMBER CO. v. WEL-DRI

Nos. 76-2557, 76-2558.

579 F.2d 973 (1978)

The MANN AND PARKER LUMBER COMPANY, Plaintiff-Appellee-Cross-Appellant, v. WEL-DRI and Moore Dry Kiln Company of Oregon, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided June 20, 1978.

Attorney(s) appearing for the Case

B. Percy Magness, Jr., Boone, Wellford, Clark, Langschmidt & Pemberton, Donald R. Wellford, Memphis, Tenn., for defendants-appellants-cross-appellees.

James M. Manire, M. Anderson Cobb, Jr., Manire, Harris, Shelton & Dunlap, Memphis, Tenn., for plaintiff-appellee-cross-appellant.

Before WEICK, CELEBREZZE and KEITH, Circuit Judges.

WEICK, Circuit Judge.

This was an action for damages brought by plaintiff, The Mann and Parker Lumber Company, in the District Court against defendants, Wel-Dri, Inc. and Moore Dry Kiln Company of Oregon, for breach of a contract in which defendants agreed to sell and install at plaintiff's plant dry kilns and lumber handling equipment. Jurisdiction is based on diversity of citizenship. The case is governed by Tennessee law.

The District Court sitting without...

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