COOK INDUSTRIES, INC. v. COMMUNITY GRAIN, INC.

No. 77-3439.

614 F.2d 978 (1980)

COOK INDUSTRIES, INC., Plaintiff-Appellee, v. COMMUNITY GRAIN, INC. and Bill R. Waldrep, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 16, 1980.


Attorney(s) appearing for the Case

Pearson & Caballero, Raymond C. Caballero, El Paso, Tex., for Bill Waldrep and Community Grain.

Gibson, Ochsner, Adkins, Harlan & Hankins, John T. Huffaker, Amarillo, Tex., for plaintiff-appellee.

Before JONES, BROWN and RUBIN, Circuit Judges.


PER CURIAM:

This is an appeal from judgments in two consolidated cases. In the first case, Cook Industries, Inc. (Cook) sued Community Grain, Inc. (Community) for breach of a contract involving the purchase of grain which Community allegedly failed to deliver. Also in the first case, Cook sued Community's President, Bill Waldrep, claiming breach of fiduciary duty to creditors of Community. In the second case, Community and Waldrep sued Cook, claiming that Cook's agent...

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