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SHUR-VALUE STAMPS, INC. v. PHILLIPS PETROLEUM CO.

No. 94-2460.

50 F.3d 592 (1995)

SHUR-VALUE STAMPS, INC., Plaintiff-Appellant, v. PHILLIPS PETROLEUM COMPANY, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided March 22, 1995.

Attorney(s) appearing for the Case

Peter G. Kumpe, Little Rock, AR, argued (Peter G. Kumpe and Thomas G. Williams, on the brief), for appellant.

William H. Sutton, Little Rock, AR, argued (William H. Sutton and John C. Fendley, Jr., on the brief), for appellee.

Before RICHARD S. ARNOLD, Chief Judge, BRIGHT, Senior Circuit Judge, and MURPHY, Circuit Judge.

BRIGHT, Senior Circuit Judge.

I. INTRODUCTION

In this contract action, Shur-Value Stamps, Inc. (Shur-Value) brought suit against the Phillips Petroleum Company (Phillips), alleging causes of action for breach of warranty, breach of implied warranty of merchantability and breach of implied warranty of fitness for a particular purpose. This suit arose out of Shur-Value's purchase in the fall of 1991 of Phillips' K-Resin for use in the production of clear water...

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