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DAYTON BREAD CO. v. MONTANA FLOUR MILLS CO.

Nos. 8927, 8928.

126 F.2d 257 (1942)

DAYTON BREAD CO. v. MONTANA FLOUR MILLS CO. MONTANA FLOUR MILLS CO. v. DAYTON BREAD CO.

Circuit Court of Appeals, Sixth Circuit.

March 12, 1942.

Attorney(s) appearing for the Case

Virgil Schaeffer, of Dayton, Ohio (Pickrel, Schaeffer & Ebeling, of Dayton, Ohio, on the brief), for Dayton Bread Co.

Clinton S. Courson and Guy H. Wells, both of Dayton, Ohio (Clinton S. Courson, Guy H. Wells, W. B. Turner, and E. H. & W. B. Turner, all of Dayton, Ohio, on the brief), for Montana Flour Mills Co.

Before ALLEN, HAMILTON, and McALLISTER, Circuit Judges.

HAMILTON, Circuit Judge.

Appellee in No. 8927 and appellant in No. 8928, Montana Flour Mills Company, instituted this action against appellant in No. 8927, and appellee in No. 8928, the Dayton Bread Company, to recover liquidated damages for the breach of a contract of sale of 5,000 barrels of flour. The Dayton Bread Company admits the execution of the contract, but insists that it is void under Sections 13069 and 13070, inclusive, of the Ohio Statutes (Gen.Code)...

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