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SHAVERS v. MASSEY-FERGUSON, INC.

Nos. 86-7626, 87-7206.

834 F.2d 970 (1987)

David L. SHAVERS and Sam David Shavers, Plaintiffs-Appellees, Cross-Appellants, v. MASSEY-FERGUSON, INC., a corporation, and Massey Ferguson Credit Corporation, a corporation, Defendants-Appellants, Cross-Appellees. MASSEY-FERGUSON CREDIT CORP., Plaintiff-Appellee, v. David L. SHAVERS, Sam David Shavers, and Virginia Shavers, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied February 26, 1988.

Attorney(s) appearing for the Case

Lamar & McDorman, Robert S. Lamar, Jr., Birmingham, Ala., for Massey-Ferguson.

Whitesell, Morrow & Romine, P.C., Wesley Romine, Roger S. Morrow, Joel H. Pearson, Montgomery, Ala., for Shavers.

Before HILL and EDMONDSON, Circuit Judges, and CARR, District Judge.

Rehearing and Rehearing En Banc Denied February 26, 1988.

HILL, Circuit Judge:

I

This case arises from the following facts: In 1979, a family of farmers named Shavers (the "Shavers") purchased a used Massey-Ferguson Model 2775 tractor (the "Tractor") from a local dealer, financing it via a retail installment contract and security agreement with Massey-Ferguson Credit Corporation ("MFCC"). The Shavers were told by officials of Massey-Ferguson, Inc...

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