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GOODPASTURE, INC. v. M/V POLLUX

No. 80-2216.

688 F.2d 1003 (1982)

GOODPASTURE, INC., Plaintiff-Appellee Cross-Appellant, v. M/V POLLUX, ETC., Defendant-Appellant Cross-Appellee, and NEGOCIOS DEL MAR, S.A., etc., Defendant-Third Party Plaintiff-Appellant Cross-Appellee, v. EMPAC GRAIN CO., etc., Defendant-Appellee, and A Shipment of Wheat of 19,067.949 Metric Tons, etc., Third-Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied November 22, 1982.

Attorney(s) appearing for the Case

Royston, Rayzor, Vickery & Williams, Kenneth D. Kuykendall, Houston, Tex., for defendant-appellant cross-appellee.

Michael D. Sydow, Houston, Tex., for Goodpasture.

Osvaldo Grzesik, President, Empac Grain Corporation, Inc., pro se, for Empac Grain.

Before COLEMAN, POLITZ and GARWOOD, Circuit Judges.

Rehearing and Rehearing En Banc Denied November 22, 1982.

POLITZ, Circuit Judge:

We again address the claims arising out of an aborted sale of approximately 20,000 metric tons of number two hard red winter wheat. The factual setting of this involved dispute is essentially detailed in our prior opinion, Goodpasture, Inc. v. M/V POLLUX, 602 F.2d 84 (5th Cir. 1979). On remand, additional facts were developed. Subject to...

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