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BUSBY, INC. v. SMOKY VALLEY BEAN, INC.

Civ. A. No. 90-4071-S.

767 F.Supp. 235 (1991)

BUSBY, INC., a Colorado corporation, and Lyle Busby, Plaintiffs, v. SMOKY VALLEY BEAN, INC., Defendant.

United States District Court, D. Kansas.

June 26, 1991.

Attorney(s) appearing for the Case

Grant M. Glenn, Bruce J. Woner, Cosgrove, Webb & Oman, Topeka, Kan., and Michael V. Foust, Goodland, Kan., for Busby, Inc. and Lyle Busby.

Dale L. Somers and Thomas E. Wright, Davis, Wright, Unrein, Hummer & McCallister, Topeka, Kan., for Smoky Valley Bean, Inc.

MEMORANDUM AND ORDER

SAFFELS, District Judge.

This matter is before the court on plaintiffs' motion for reconsideration of the court's Memorandum and Order of May 23, 1991. In their motion to reconsider, plaintiffs do not contest the court's holding that Busby, Inc. was a "merchant," and thus, Purchase Contract 1118 was within the "merchants' exception" to the statute of frauds, namely K.S.A. 84-2-201(2). In their motion, plaintiffs, however, again argue...

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