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CUB FORK COAL CO. v. FAIRMOUNT GLASS WORKS

No. 4554.

59 F.2d 539 (1932)

CUB FORK COAL CO. et al. v. FAIRMOUNT GLASS WORKS.

Circuit Court of Appeals, Seventh Circuit.

June 4, 1932.

Attorney(s) appearing for the Case

Connor Hall and O. J. Deegan, both of Huntington, W. Va., for appellants.

Paul Y. Davis, James W. Noel, Henry H. Hornbrook, Charles Remster, Albert P. Smith, Kurt F. Pantzer, and Ernest R. Baltzell, all of Indianapolis, Ind., for appellee.

Before ALSCHULER and EVANS, Circuit Judges, and WILKERSON, District Judge.

EVANS, Circuit Judge.

This case has been before this court on two previous occasions. 19 F.2d 273; 33 F.2d 420. Reference is made to these two opinions for a detailed statement of the facts. Briefly stated, appellants' action is one to recover damages for the alleged breach of a contract made with appellee whereby 17,500 tons of coal were sold at $6.50 per ton. Appellee denied any breach of its contract...

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