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LANDERS BROS. CO. v. COMMISSIONER OF INTERNAL REVENUE

No. 5985.

60 F.2d 85 (1932)

LANDERS BROS. CO. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Sixth Circuit.

June 27, 1932.

Attorney(s) appearing for the Case

Charles Hartmann and Clarence M. Mulholland, both of Toledo, Ohio (Mulholland & Hartmann, of Toledo, Ohio, and Kenneth N. Parkinson and David A. Pine, both of Washington, D. C., on the brief), for petitioner.

Helen R. Carloss, of Washington, D. C. (G. A. Youngquist, Asst. Atty. Gen., and Sewall Key, F. Edward Mitchell, C. M. Charest, and May Eastman, all of Washington, D. C., on the brief), for respondent.

Before MOORMAN, HICKS, and HICKENLOOPER, Circuit Judges.

MOORMAN, Circuit Judge.

The petitioner is a jobber engaged in selling rubberized cotton fabrics. The Toledo Auto Fabrics Company manufactures such fabrics. Prior to 1921 the petitioner entered into a contract with the fabric company to supply it with fabrics for delivery on contracts which it had made with its customers. Owing to a falling market, the petitioner's customers demanded cancellations of their contracts. Deeming it advisable for business reasons to make...

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