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CLARK v. DeLAVAL SEPARATOR CORP.

No. 79-1753.

639 F.2d 1320 (1981)

Rodney CLARK, Plaintiff-Appellee, v. DeLAVAL SEPARATOR CORPORATION, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit. Unit A

Rehearing Denied May 20, 1981.

Attorney(s) appearing for the Case

Leonard E. Davis, John H. Minton, Jr., Tyler, Tex., for defendant-appellant.

Harkness, Friedman & Kusin, Texarkana, Tex., Cahill Hitt, Houston, Tex., Harry B. Friedman, Texarkana, Tex., for plaintiff-appellee.

Before COLEMAN, RUBIN and WILLIAMS, Circuit Judges.

JERRE S. WILLIAMS, Circuit Judge:

In this diversity suit, appellant DeLaval Separator Corp. (DeLaval) appeals a judgment on a jury verdict finding DeLaval liable for breach of an implied warranty of merchantability under Texas law in the sale of a milking system that appellee Rodney Clark purchased and used in his dairy business.

On January 26, 1973, Clark, a dairy operator, entered into a written sales contract with Sulphur Springs Farm Store for the purchase...

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