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MATTER OF BRISTOW

No. 88-4669.

879 F.2d 151 (1989)

In the Matter of John W. BRISTOW, Debtor. Johnnie Wayne BRISTOW, Administrator of the Estate of John William Bristow, Appellant, v. CONAGRA, INC., Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 5, 1989.

Attorney(s) appearing for the Case

P.J. Townsend, Jr., Drew, Miss., Chapman & Heaton, Ralph E. Chapman, Clarksdale, Miss., for appellant.

W. Wayne Drinkwater, Butler, Snow, O'Mara, Stevens & Cannada, Jackson, Miss., for appellee.

Before GEE, GARZA and JONES, Circuit Judges.

GEE, Circuit Judge:

Facts

Plaintiff-appellant John W. Bristow, now deceased, owned a 314 acre tract of land in Grenada County, Mississippi. The land was used for growing crops, but Bristow decided to build ponds on the land to raise catfish. Although he did not live on the tract, Bristow apparently knew that the land was prone to flooding.

Bristow talked with Paul Barrett and Sam Hinote, representatives of Conagra, about their leasing the land after...

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