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OMAHA HARDWOOD LUMBER CO. v. J. H. PHIPPS LUMBER CO.

Nos. 12254, 12255.

135 F.2d 3 (1943)

OMAHA HARDWOOD LUMBER CO. v. J. H. PHIPPS LUMBER CO. J. H. PHIPPS LUMBER CO. v. OMAHA HARDWOOD LUMBER CO.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied June 1, 1943.

Attorney(s) appearing for the Case

Yale C. Holland, of Omaha, Neb. (J. A. C. Kennedy and George L. DeLacy, both of Omaha, Neb., and G. Byron Dobbs, of Fort Smith, Ark., on the brief), for Omaha Hardwood Lumber Co.

Kenneth Teasdale, of St. Louis, Mo. (Bernal Seamster, of Fayetteville, Ark., on the brief), for J. H. Phipps Lumber Co.

Before SANBORN, JOHNSEN, and RIDDICK, Circuit Judges.

JOHNSEN, Circuit Judge.

Phipps Lumber Company, an Arkansas corporation, sued to cancel a written contract for the purchase of a wood manufacturing plant, located at Little Rock, Arkansas, from Omaha Hardwood Lumber Company, a Nebraska corporation. The purchase price was $15,000, which was to be paid by deductions of ten per cent from the invoices on such lumber and wood products as Omaha Hardwood thereafter ordered from Phipps Lumber. The trial court decreed cancellation...

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