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GIBSON v. WORLEY MILLS, INC.

No. 78-2008.

614 F.2d 464 (1980)

Wilbur GIBSON, Plaintiff-Appellant, v. WORLEY MILLS, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 24, 1980.

Attorney(s) appearing for the Case

Richard E. Green, James W. Witherspoon, Donald L. Davis, Earnest Langley, Hereford, Tex., for plaintiff-appellant.

Culton, Morgan, Britain & White, Jess C. Dickie, Amarillo, Tex., for defendant-appellee.

Before GODBOLD, GARZA and RANDALL, Circuit Judges.

GODBOLD, Circuit Judge:

Gibson, a resident of Texas, bought from Worley Mills at its plant in New Mexico, a large quantity of a "pasturage mixture" of rye and barley seed. Gibson supplied wheat seed, which Worley cleaned and added to the rye-barley mix that it sold. Gibson hired a contract planter to sow the three-seed mixture on his land in Texas for the purpose of growing forage for the feeding of livestock. When the sowing...

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