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CALLICRATE v. FARMLAND INDUSTRIES, INC.

Nos. 96-3075, 96-3100 and 96-3101.

139 F.3d 1336 (1998)

Michael CALLICRATE, dba Callicrate Cattle Company, Plaintiff-Appellant-Cross-Appellee, v. FARMLAND INDUSTRIES, INC., a Kansas corporation, Defendant-Appellee, Jim Thomas, an individual, Defendant-Appellee-Cross-Appellant, and The Co-Operative Union Mercantile Company, a Kansas Co-Operative, Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Tenth Circuit.

March 27, 1998.

Attorney(s) appearing for the Case

T.J. Carney, Bradley, Campbell, Carney & Madsen, Golden, CO (Lee Turner, Great Bend, KS, with him on the brief), for Plaintiff-Appellant-Cross-Appellee, Michael Callicrate, dba Callicrate Cattle Company.

Lee M. Smithyman, Smithyman & Zakoura, Overland Park, KS (David J. Roberts of Smithyman & Zakoura, Overland Park, KS, and John J. Joslin, Kansas City, MO, with him on the brief), for Defendant-Appellee, Farmland Industries, Inc.

Brian W. Wood, Hampton, Royce, Engleman & Nelson, Salina, KS (Clarence L. King, Jr. of Hampton, Royce, Engleman & Nelson, Salina, KS, and Timothy B. Mustaine of Foulston & Siefkin, Wichita, KS, on the brief), for Defendants-Appellees-Cross-Appellants, Jim Thomas and The Co-Operative Union Mercantile Company.

Before KELLY, HOLLOWAY and HENRY, Circuit Judges.

HOLLOWAY, Circuit Judge.

Plaintiff-Appellant-Cross-Appellee, Michael Callicrate, brought this action against defendants Farmland Industries, Inc., Jim Thomas, and The Co-Operative Union Mercantile Company (Co-Op) in the United States District Court for the District of Kansas, alleging diversity jurisdiction pursuant to 28 U.S.C. § 1332. Callicrate asserted claims of breach of contract, breach of warranty, strict liability...

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