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FARGO GLASS & PAINT CO. v. GLOBE AMERICAN CORPORATION

No. 9290.

161 F.2d 811 (1947)

FARGO GLASS & PAINT CO. v. GLOBE AMERICAN CORPORATION.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied June 6, 1947.

Attorney(s) appearing for the Case

Harry G. Fins and Bernard N. Buchholz, both of Chicago, Ill., for appellant.

Earl B. Barnes and Louis A. Highmark, both of Indianapolis, Ind., and James H. Cartwright, of Chicago, Ill. (Barnes, Hickam, Pantzer & Boyd, of Indianapolis, Ind., and Winston, Strawn & Shaw, of Chicago, Ill., of counsel), for appellee.

Before KERNER and MINTON, Circuit Judges, and LINDLEY, District Judge.

MINTON, Circuit Judge.

The plaintiff sued the defendant for damages allegedly due for the cancellation of a contract. To the amended complaint the defendant filed a motion to dismiss, which motion was sustained by the District Court. The plaintiff not offering to plead further, the amended complaint was dismissed. From this judgment, the plaintiff has appealed.

The plaintiff and the defendant entered into a written contract on February 26, 1945. The preamble...

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