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ALIMENTA (U.S.A.), INC. v. CARGILL INC.

No. 87-8771.

861 F.2d 650 (1988)

ALIMENTA (U.S.A.), INC., Plaintiff-Appellant, v. CARGILL, INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

December 8, 1988.

Attorney(s) appearing for the Case

W. Lyman Dillon, Hansell & Post, Trammell Newton, Atlanta, Ga., for plaintiff-appellant.

William H. Boice, Kilpatrick & Cody, Kenneth S. Canfield, Paul A. Raney, Atlanta, Ga., for defendant-appellee.

Before VANCE and HATCHETT, Circuit Judges, and NESBITT, District Judge.

NESBITT, District Judge:

In July 1980, Alimenta (U.S.A.), Inc. ("Alimenta") entered into seven contracts with Cargill, Incorporated ("Cargill") under which Cargill promised to deliver to Alimenta shelled, edible peanuts. The peanut crops were still in the field at the time the contracts were entered into. Later that summer there was a drought, the severity of which is disputed, which reduced the peanut crop yield.

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