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KIRKWOOD AGRI-TRADE v. FROSTY LAND FOODS, ETC.

No. 80-7784 Summary Calendar.

650 F.2d 602 (1981)

KIRKWOOD AGRI-TRADE, A Corporation, Plaintiff-Appellee Cross Appellant, v. FROSTY LAND FOODS INTERNATIONAL, INC., An Alabama Corporation, Defendant-Appellant Cross Appellee.

United States Court of Appeals, Fifth Circuit. Unit B

July 13, 1981.

Attorney(s) appearing for the Case

Albert W. Copeland, E. Terry Brown, Montgomery, Ala., for defendant-appellant cross-appellee.

John M. Bolton, III, Montgomery, Ala., for plaintiff-appellee cross-appellant.

Before TJOFLAT, VANCE and THOMAS A. CLARK, Circuit Judges.

VANCE, Circuit Judge:

This is a diversity suit governed by Alabama law. On November 24, 1976 Kirkwood Agri-Trade, Inc. contracted with Frosty Land Foods International, Inc. to purchase Frosty Land's entire production of unscalded Mountain Chain Tripe1 from December 1, 1976 to December 31, 1977 at a price of $1.20 a pound. The contract estimated that production would be ten to twelve thousand pounds a month, to be shipped "semi-monthly...

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