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BESCO, INC. v. ALPHA PORTLAND CEMENT CO.

No. 80-7114 Summary Calendar.

619 F.2d 447 (1980)

BESCO, INC., as assignee of B & W Sales Co., Plaintiff-Appellant, v. ALPHA PORTLAND CEMENT CO., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 18, 1980.

Attorney(s) appearing for the Case

Keith, Keith & Keith, S. P. Keith, Birmingham, Ala., for plaintiff-appellant.

George G. Lynn, Birmingham, Ala., for defendant-appellee.

Before RONEY, KRAVITCH and TATE, Circuit Judges.

TATE, Circuit Judge:

Besco, Inc. originally sued Alpha in the Equity Division of an Alabama county court alleging the defendant's breaches of its contract to buy kiln dust from Alpha and praying for injunctive relief, enjoining the defendant "under the circumstances existing, from refusing to allow the plaintiff to load and purchase Kiln Dust under its agreement with the defendant." This diversity case was removed to federal court. The trial judge granted defendant...

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