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CONTINENTAL GRAIN COMPANY v. HARBACH

No. 74 C 19 WD.

400 F.Supp. 695 (1975)

CONTINENTAL GRAIN COMPANY, a Delaware Corporation, Plaintiff, v. Lawrence HARBACH, Defendant.

United States District Court, N. D. Illinois, W. D.

September 9, 1975.

Attorney(s) appearing for the Case

Robert A. Fredrickson, Reno, Zahm, Folgate, Skolrood, Lindberg & Powell, Rockford, Ill., F. Thomas Olson, Charne, Glassner, Tehan, Clancy & Taitelman, Milwaukee, Wis., for plaintiff.

Woodruff A. Burt, Kroeger, Burt & De Mik, Freeport, Ill., Frederic J. Artwick, Sidley & Austin, Chicago, Ill., for defendant.

MEMORANDUM DECISION

MARSHALL, District Judge.

Plaintiff, Continental Grain Company, a Delaware Corporation with its principal place of business in New York, brought this action for breach of a grain sales contract involving over $10,000 against defendant, Lawrence Harbach, an Illinois farmer. The only issue currently pending for decision is whether defendant was a merchant when the alleged contract was made, within the meaning of the Uniform Commercial Code...

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