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BANK OF INDIANA, NAT. ASS'N v. HOLYFIELD

Civ. A. No. J77-0036(N).

476 F.Supp. 104 (1979)

BANK OF INDIANA, NATIONAL ASSOCIATION, Plaintiff, v. Clyde HOLYFIELD, et ux, Defendants.

United States District Court, S. D. Mississippi, Jackson Division.

July 24, 1979.

Attorney(s) appearing for the Case

A. Spencer Gilbert, III, Jackson, Miss., for plaintiff.

Richard M. Edmonson, Jackson, Miss., for defendants.

MEMORANDUM OPINION

NIXON, District Judge.

The defendants in this action, Mr. and Mrs. Holyfield, are dairy farmers in Simpson County, Mississippi who entered into a lease for the use of certain dairy cows in their milking operation with a company that subsequently merged with the plaintiff, the Bank of Indiana (Bank). A large number of the leased cows were destroyed by a storm, and the defendants were unable to comply with the terms of the lease as it was...

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