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CANADIAN NAT. RY. CO. v. GEORGE M. JONES CO.

No. 4985.

27 F.2d 240 (1928)

CANADIAN NAT. RY. CO. et al. v. GEORGE M. JONES CO.

Circuit Court of Appeals, Sixth Circuit.

June 30, 1928.

Attorney(s) appearing for the Case

H. R. Martin and L. J. Carrigan, both of Detroit, Mich., for plaintiffs in error.

George D. Welles, of Toledo, Ohio (Tracy, Chapman & Welles, of Toledo, Ohio, Warren, Hill & Hamblin and Charles E. Lewis, all of Detroit, Mich., and Newton A. Tracy, of Toledo, Ohio, on the brief), for defendant in error.

Before DENISON and MOORMAN, Circuit Judges, and HICKENLOOPER, District Judge.

HICKENLOOPER, District Judge.

Plaintiff and defendant in error, hereinafter referred to respectively as the railway company and the coal company, entered into a contract on November 25, 1921, for the sale to the railway company of 150,000 tons of run of mine coal from the Hocking district, deliveries to commence April 1, 1922, and to be continued in installments throughout the then ensuing year ending March 31, 1923. The present...

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