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INTERNATIO-ROTTERDAM, INC. v. RIVER BRAND R. M., INC.

No. 126, Docket 24592.

259 F.2d 137 (1958)

INTERNATIO-ROTTERDAM, INC., Plaintiff-Appellant, v. RIVER BRAND RICE MILLS, INC., Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided September 12, 1958.

Attorney(s) appearing for the Case

Peter J. Kooiman, of Abberley, Kooiman & Amon, New York City (Abberley, Kooiman & Amon, and Frank Marcellino, New York City, on the brief), for plaintiff-appellant.

John E. Haigney, of Ide & Haigney, New York City (Ide & Haigney, and Peter T. Rado, New York City, on the brief), for defendant-appellee.

Before HINCKS, LUMBARD and WATERMAN, Circuit Judges.

HINCKS, Circuit Judge.

Appeal from the United States District Court, Southern District of New York, Walsh, Judge, upon the dismissal of the complaint after plaintiff's case was in.

The defendant-appellee, a processor of rice, in July 1952 entered into an agreement with the plaintiff-appellant, an exporter, for the sale of 95,600 pockets of rice. The terms of the agreement, evidenced by a purchase memorandum, indicated...

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