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HEINOLD HOG MARKET v. SUPERIOR FEEDERS, INC.

No. 77-1473.

623 F.2d 636 (1979)

HEINOLD HOG MARKET, INC., a Delaware Corporation, Plaintiff-Appellee, v. SUPERIOR FEEDERS, INC., an Oklahoma Corporation, and O. C. Elliott, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided January 8, 1979.

Attorney(s) appearing for the Case

Jim W. Lee, Oklahoma City, Okl. (Gary L. Gallagher, Oklahoma City, Okl., with him on briefs), for defendants-appellants.

Robert J. Petrick, Fenton, Fenton, Smith, Reneau & Moon, Oklahoma City, Okl., for plaintiff-appellee.

Before SETH, Chief Judge, and DOYLE and McKAY, Circuit Judges.

SETH, Chief Judge.

This is a diversity action brought to enforce a promissory note.

During 1974 Heinold and Superior were co-venturers in an unsuccessful cattle feeding operation. The venture was terminated and Heinold furnished to Superior an accounting and requested payment of its pro rata share of the loss, in the amount of $48,529.25. When payment was not made on the statement of account, Heinold's attorney contacted...

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