ROBERT PORTER & SONS, INC. v. NATIONAL DISTILLERS PROD. CO.

No. 7341.

324 F.2d 202 (1963)

ROBERT PORTER & SONS, INC., Appellant, v. NATIONAL DISTILLERS PRODUCTS COMPANY, a division of National Distillers and Chemical Corporation, Appellee.

United States Court of Appeals Tenth Circuit.

November 18, 1963.


Attorney(s) appearing for the Case

K. Gill Shaffer, Shaffer & Butt, and Paul L. Butt, Albuquerque, N. M., for appellant.

John P. Eastham, Rodey, Dickason, Sloan, Akin & Robb, and William A. Sloan, Albuquerque, N. M., for appellee.

Before LEWIS, HILL and SETH, Circuit Judges.


SETH, Circuit Judge.

Appellant brought this action for damages, alleging that appellee wrongfully terminated the verbal contract under which appellant distributed appellee's products. The trial court sustained appellee's motion to dismiss an amended complaint for failure to state a cause of action upon which relief could be granted. From this order of dismissal, appellant appeals.

Appellant in its amended complaint alleges that in 1934 appellant and appellee...

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