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IN RE CALDWELL PORT ELEVATOR, INC.

Bankruptcy No. 582-00088-M, Adv. No. 582-0050.

23 B.R. 154 (1982)

In re CALDWELL PORT ELEVATOR, INC., Debtor. MISSISSIPPI CHEMICAL CORPORATION, Plaintiff, v. CALDWELL PORT ELEVATOR, INC. and Herschel Gentry and L.A. Mullenix, Co-Trustees, and Bank of Dixie.

United States Bankruptcy Court, W.D. Louisiana, Monroe Division.

September 16, 1982.

Attorney(s) appearing for the Case

George M. Wear, Jr., Shotwell, Brown & Sperry, Monroe, La., for plaintiff.

Charles C. Trascher, III, Monroe, La., for Caldwell Port Elevator, Inc.

James R. Jeter, Cook, Yancey, King & Galloway, Shreveport, La., for Bank of Dixie.

FINDINGS OF FACT

LeROY SMALLENBERGER, Bankruptcy Judge.

In January of 1977, Mississippi Chemical Corporation (MCC) and the debtor, Caldwell Port Elevator, Inc. (Caldwell) executed an agreement entitled Agent's Contract. This agreement purports to make Caldwell the agent of MCC. Caldwell agreed to store and distribute fertilizer manufactured by MCC. The contract states that the law of Mississippi is to govern conduct under the contract.

In July, 1977...

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