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DEERE & CO. v. JOHNSON

No. 00-60654.

271 F.3d 613 (2001)

DEERE & COMPANY, Plaintiff-Counter Defendant-Appellee-Cross-Appellant, v. Edward JOHNSON, Jr., doing business as F&E Farms, Defendant-Counter Claimant-Appellant-Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

November 12, 2001.

Attorney(s) appearing for the Case

John Bond Gillis (argued), Oxford, MS, for Deere & Co.

Daniel Marten Czamanske, Ralph E. Chapman, Dana Jan Swan (argued), Chapman, Lewis & Swan, Clarkdale, MS, for Johnson.

Before KING, Chief Judge, and JOLLY and BENAVIDES, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

Deere financed a combine its dealer, Parker Tractor & Implement Company ("Parker"), sold to Johnson. Johnson was unhappy with the combine because it would not do the job. Deere was unhappy with Johnson because he failed to make any payments on the loan. Johnson wrote Deere a letter revoking acceptance of the combine. Deere refused to take it back. Johnson continued to use the combine. Deere finally sued Johnson to collect the unpaid...

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