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UPPER MISSISSIPPI TOWING CORPORATION v. CALMES

No. 11876.

162 F.2d 177 (1947)

UPPER MISSISSIPPI TOWING CORPORATION v. CALMES et al.

Circuit Court of Appeals, Fifth Circuit.

June 4, 1947.

Attorney(s) appearing for the Case

Walter Carroll and Benjamin W. Yancey, both of New Orleans, La., and Harold G. Cant, of Minneapolis, Minn., for appellant.

Nicholas Callan, M. A. Grace and Edwin H. Grace, all of New Orleans, La., for appellees.

Before HUTCHESON, McCORD, and WALLER, Circuit Judges.

HUTCHESON, Circuit Judge.

Alleging for a first cause of action that defendants had sold it a Diesel engine and equipment for installation in plaintiff's new tow boat Minnesota Husky, which had failed to perform as agreed, and for a second cause of action that defendants had undertaken, but had failed, to remedy the conditions which their breach of contract had caused, causing plaintiff additional damages, plaintiff sued for large sums as consequential damages.

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