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MONUMENT POTTERY CO. v. IMPERIAL COAL CORPORATION

No. 3583.

21 F.2d 683 (1927)

MONUMENT POTTERY CO. v. IMPERIAL COAL CORPORATION.

Circuit Court of Appeals, Third Circuit.

September 24, 1927.

Attorney(s) appearing for the Case

Edward L. Katzenbach, of Trenton, N. J., for plaintiff in error.

H. S. Endsley, of Johnstown, Pa., and Hervey Studdiford Moore, of Trenton, N. J., for defendant in error.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

DAVIS, Circuit Judge.

The Imperial Coal Company, plaintiff, and the Monument Pottery Company, defendant, entered into a contract on November 3, 1920, whereby plaintiff agreed to sell and defendant to buy 6,000 tons of "Shade Creek coal," which is bituminous coal produced at the plaintiff's Shade Creek mine in Pennsylvania, for $5.75 per ton f. o. b. mine. The coal was to be shipped in equal monthly quantities, beginning January...

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