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CONGRESS CIGAR CO. v. CANISTER CO.

No. 3899.

33 F.2d 657 (1929)

CONGRESS CIGAR CO. et al. v. CANISTER CO.

Circuit Court of Appeals, Third Circuit.

July 16, 1929.

Attorney(s) appearing for the Case

William A. Carr, of Philadelphia, Pa., Starr, Summerill & Lloyd, of Camden, N. J., and Carr & Krauss, of Philadelphia, Pa., for appellants.

Harry Heher, of Trenton, N. J., and Smith & Smith, and Sylvester C. Smith, Jr., all of Phillipsburg, N. J., for appellee.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

WOOLLEY, Circuit Judge.

The Canister Company (plaintiff below) is a relatively small manufacturer of containers, boxes, and the like. Congress Cigar Company and Congress Cigar Company, Inc. (defendants below, to which we shall refer as the defendant), are a large manufacturer of cigars and a user of cigar boxes in great numbers. After irregular and protracted negotiations, oral and by correspondence, the two parties entered into some kind of contract, the plaintiff...

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