HAWTHORNE INDUSTRIES v. BALFOUR MACLAINE INTERN.

No. 81-7202.

676 F.2d 1385 (1982)

HAWTHORNE INDUSTRIES, INC., Plaintiff-Appellant, v. BALFOUR MACLAINE INTERNATIONAL, LTD., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

May 28, 1982.


Attorney(s) appearing for the Case

Mitchell, Mitchell, Coppedge, Boyett & Wester, Warren N. Coppedge, Jr., J. Raymond Bates, Jr., Dalton, Ga., for plaintiff-appellant.

McCamy, Minor, Phillips & Tuggle, C. Lee Daniel, III, Dalton, Ga., for Stevens Textile.

Heyman & Sizemore, William B. Brown, Patrick L. Swindall, William H. Major, Atlanta, Ga., for Balfour.

Before INGRAHAM, HATCHETT and ANDERSON, Circuit Judges.


INGRAHAM, Circuit Judge:

This suit1 arises out of a series of contracts between appellant Hawthorne Industries, Inc. (Hawthorne), a carpet manufacturer, and appellee Balfour Maclaine International, Ltd. (Balfour), under which Balfour agreed to supply jute for use as carpet backing. The district court found that the jute supplied by Balfour was defective and that Balfour thereby breached its contracts...

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