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MOUNDRIDGE MILLING CO. v. CREAM OF WHEAT CORP.

No. 1809.

105 F.2d 366 (1939)

MOUNDRIDGE MILLING CO. v. CREAM OF WHEAT CORPORATION.

Circuit Court of Appeals, Tenth Circuit.

June 15, 1939.

Attorney(s) appearing for the Case

Austin M. Cowan, of Wichita, Kan. (C. A. McCorkle, W. A. Kahrs, and Robert H. Nelson, all of Wichita, Kan., on the brief), for appellant.

Claude I. Depew, of Wichita, Kan. (W. E. Stanley, Lawrence Weigand, William C. Hook, Sidney J. Brick, and L. E. Curfman, all of Wichita, Kan., and Kellogg, Morgan, Chase, Carter & Headley, of St. Paul, Minn. on the brief), for appellee.

Before PHILLIPS, BRATTON, and WILLIAMS, Circuit Judges.

PHILLIPS, Circuit Judge.

Under a contract1 dated January 30, 1935, the Moundridge Milling Company2 sold and agreed to deliver to the Cream of Wheat Corporation3 3000 barrels of purified middlings at the price of $6.40 per barrel. The contract contained the tax clause set out in note4.

Under a contract...

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