MERRILL LYNCH, PIERCE, ETC. v. B.C. ROGERS & SONS

No. 82-4324. Summary Calendar.

696 F.2d 1113 (1983)

MERRILL LYNCH, PIERCE, FENNER AND SMITH, INC., Plaintiff-Appellant, v. B.C. ROGERS AND SONS, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 31, 1983.


Attorney(s) appearing for the Case

Barnett, Alagia & Pyle, William A. Pyle, Nora F. Stone McRae, Jerry L. Mills, Jackson, Miss., for plaintiff-appellant.

Cox & Dunn, Ltd., Vardaman S. Dunn, Jackson, Miss., for defendant-appellee.

Before CLARK, Chief Judge, POLITZ and HIGGINBOTHAM, Circuit Judges.


PATRICK E. HIGGINBOTHAM, Circuit Judge:

This appeal arises out of a diversity action in which plaintiff Merrill Lynch, Pierce, Fenner and Smith, Inc. sought to recover $39,375 under its written contract with defendant B.C. Rogers and Sons, Inc. After a bench trial, the district court denied Merrill Lynch relief, holding that B.C. Rogers' obligation to pay was excused by the nonoccurrence of an event that was central to the contract's purpose. Finding no error in the...

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