CONSOLIDATED FLOUR MILLS v. PH. ORTH CO.

No. 7120.

114 F.2d 898 (1940)

CONSOLIDATED FLOUR MILLS v. PH. ORTH CO.

Circuit Court of Appeals, Seventh Circuit.

October 12, 1940.


Attorney(s) appearing for the Case

Chas. A. Riedl, of Milwaukee, Wis., for appellant.

Herbert J. Campbell, of Chicago, Ill., and Bert Vandervelde, of Milwaukee, Wis., for appellee.

Before SPARKS and KERNER, Circuit Judges, and BRIGGLE, District Judge.


KERNER, Circuit Judge.

The Consolidated Flour Mills Company of Kansas brought this action to compel payment for flour delivered to the Ph. Orth Company of Wisconsin. The Wisconsin company made counterclaim to moneys which were included in the price of flour purchased under former executed contracts and were paid to cover processing taxes levied pursuant to the Agricultural Adjustment Act. The District Court favored plaintiff's complaint, dismissed defendant's counterclaim...

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