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LINCOLN FARM, L.L.C. v. OPPLIGER

No. 111018.

315 P.3d 971 (2013)

2013 OK 85

LINCOLN FARM, L.L.C., Plaintiff/Petitioner, v. Donald L. OPPLIGER; Joi M. Oppliger; Farming Technology Corporation; and Farming Technology, Inc., Defendants/Respondents.

Supreme Court of Oklahoma.

Rehearing Denied December 16, 2013.

Attorney(s) appearing for the Case

Mark K. Stonecipher , Andrew L. Walding , Fellers Snider Blankenship Bailey and Tippens, P.C., Oklahoma City, Oklahoma, for Plaintiff/Petitioner, Lincoln Farm, L.L.C.

Raymond E. Zschiesche , Phillips Murrah, P.C., Oklahoma City, Oklahoma, for Defendants/Respondents, Farming Technology Corporation and Farming Technology, Inc.

Cheryl P. Hunter , James M. Chaney , Kirk & Chaney, Oklahoma City, Oklahoma, for Defendants/Respondents, Donald L. Oppliger and Joi M. Oppliger.

EDMONDSON, J.

¶ 1 The controversy framed by the parties involves whether Lincoln Farm, L.L.C., breached a contract to sell potatoes to Farming Technology Corporation, and whether certain provisions of the Uniform Commercial Code involving the unavailability of a carrier and a commercially impracticable method of delivery are applicable to the parties. Farming Technology argued in the trial court that Lincoln Farm was required to build a private rail spur in order...

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