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GERBER v. BORDERLAND COAL SALES CO.

No. 4205.

5 F.2d 278 (1925)

GERBER et al. v. BORDERLAND COAL SALES CO.

Circuit Court of Appeals, Sixth Circuit.

April 6, 1925.

Attorney(s) appearing for the Case

Walter M. Shohl, of Cincinnati, Ohio (Dinsmore, Shohl & Sawyer, of Cincinnati, Ohio, on the brief), for plaintiffs in error.

O. W. Bennett and Charles J. Hunt, both of Cincinnati, Ohio (Hunt, Bennett & Utter, of Cincinnati, on the brief), for defendant in error.

Before DENISON, DONAHUE, and KNAPPEN, Circuit Judges.

KNAPPEN, Circuit Judge.

This suit is brought by plaintiffs in error to recover damages for defendant's failure to deliver coal under two contracts between defendant, as the seller, and United Coal Mines, Inc., as the buyer. The first contract was made June 29, 1922, and provided for the purchase and sale of 300 cars (approximately 15,000 tons) of Elkhorn mine run coal at $3.30 per ton, to be delivered at the rate of 100 cars per month during June, July, and August...

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