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ARKANSAS RICE GROWERS COOPERATIVE ASSOCIATION v. ALCHEMY INDUSTRIES, INC.

No. 85-1257.

797 F.2d 565 (1986)

ARKANSAS RICE GROWERS COOPERATIVE ASSOCIATION, a corporation, d/b/a Riceland Foods, Appellees, v. ALCHEMY INDUSTRIES, INC.; Norman Pitt, Inc.; Sol Balkin; Janelle Balkin; Seymour DiMatoff; Eleanor DiMatoff; Robert Kahan; Dorothy E. Kahan; Stanley Fleishman; Doris Fleishman; Ben Margolis; Valerie Margolis; Florence Ain; Milton London, M.D.; Leah London; Murray J. Goldberg; Genevieve Goldberg; Meyer Zeiler, M.D.; Floria Zeiler; James Ryan; Judith Ryan; Eddie Allee; Leta Allee; Robert Brock; Marjorie Brock and Norman Pitt, Individually, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided July 21, 1986.

Rehearing and Rehearing Denied November 3, 1986.

Attorney(s) appearing for the Case

Benjamin Margolis, Los Angeles, Cal., for appellants.

Billy S. Clark, Little Rock, Ark., for appellees.

Before LAY, Chief Judge, FLOYD R. GIBSON, Senior Circuit Judge, and ROSS, Circuit Judge.

Rehearing and Rehearing En Banc Denied November 3, 1986.

LAY, Chief Judge.

This is a complex contract action relating to the construction of an experimental plant in Stuttgart, Arkansas, for the combustion of rice hulls in a pollution-free manner with the production of steam and a commercially valuable ash as by-products. The basic issue in this appeal is whether the district court1 erred in holding Alchemy Industries, Inc. (Alchemy...

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