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OWENS v. OLIVER CORP.

No. 13943.

197 F.2d 705 (1952)

OWENS v. OLIVER CORP.

United States Court of Appeals Fifth Circuit.

June 27, 1952.

Attorney(s) appearing for the Case

Jack Crenshaw, Montgomery, Ala., for appellants.

Fred S. Ball, Jr., Montgomery, Ala., for appellee.

Before HUTCHESON, Chief Judge, and RUSSELL and STRUM, Circuit Judges.

STRUM, Circuit Judge.

Plaintiffs below appeal from an adverse judgment in a suit to recover damages for alleged breach of contract by defendant below, appellee here.

In the sale and distribution of tractors manufactured by it, the appellee Oliver Corporation uses two types of local dealer contracts, one authorizing sales for "agricultural" use, the other authorizing sales for "industrial" use. The two types of sales...

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