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PARROTT v. ALLISON

No. 16.

145 F.2d 415 (1944)

PARROTT v. ALLISON et al.

Circuit Court of Appeals, Second Circuit.

November 3, 1944.

Attorney(s) appearing for the Case

George L. Madden, of New York City, for appellant.

William H. Wurts, of New York City (Arthur W. Rinke, of New York City, on the brief), for appellees.

Before L. HAND, SWAN, and CLARK, Circuit Judges.

CLARK, Circuit Judge.

In this action plaintiff seeks damages for defendants' failure to deliver, pursuant to contract, ten tons of powdered timbo root. Plaintiff compounds insecticides for agricultural uses with rotenone as an essential ingredient. Rotenone is obtained from roots, of which the Far Eastern product is called Derris powder, while the South American product is called Timbo or Cube powder. Defendants are engaged in importing these powders from foreign...

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