KIPPEN v. AMERICAN AUTOMATIC TYPEWRITER COMPANY

No. 18496.

324 F.2d 742 (1963)

James W. KIPPEN, Appellant, v. AMERICAN AUTOMATIC TYPEWRITER COMPANY, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied December 18, 1963.


Attorney(s) appearing for the Case

Eisner & Titchell, and Norman A. Eisner, San Francisco, Cal., for appellant.

Dunne, Bledsoe, Smith, Phelps, Cathcart & Johnson, R. S. Cathcart and Richard Blos, San Francisco, Cal., for appellee.

Before HAMLEY, JERTBERG and KOELSCH, Circuit Judges.


HAMLEY, Circuit Judge.

This action to recover damages for breach of contract was brought by James W. Kippen, a citizen of California against American Automatic Typewriter Company (American), an Illinois corporation. The alleged breach of contract resulted from American's termination of plaintiff's distributorship. Federal jurisdiction rests on diversity of citizenship.

The district court found that prior to his death in June of 1960, Kippen's father had been...

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