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ROBISON v. GERBER PRODUCTS CO.

No. 84-2079.

765 F.2d 431 (1985)

Barbara C. ROBISON, Appellant, v. GERBER PRODUCTS COMPANY, Appellee, v. J.B. ROBISON FARMS, INC., Appellee.

United States Court of Appeals, Fourth Circuit.

Decided June 28, 1985.

Attorney(s) appearing for the Case

Ronald F. Barbare, Greenville, S.C. (Lathan, Smith & Barbare, P.A., Greenville, S.C., on brief), for appellant.

Edward R. Cole, Spartanburg, S.C. (Butler, Means, Evins & Browne, Spartanburg, S.C., on brief), for appellee.

Before WINTER, Chief Judge, WILKINSON, Circuit Judge, and TURK, District Judge for the Western District of Virginia, sitting by designation.

TURK, District Judge.

This diversity action for conversion grew out of a contract for the purchase and sale of peaches in South Carolina. Gerber, the purchaser, filed a third-party complaint against J.B. Robison Farms, Inc., the grower of the peaches. Following a hearing on cross motions for summary judgment, the district court denied the plaintiff's motion for summary judgment and granted the defendant's motion for summary judgment, holding both that an action for...

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