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STOLTEBEN v. GENERAL FOODS CORPORATION

Civ. 36-157.

79 F.Supp. 228 (1948)

STOLTEBEN v. GENERAL FOODS CORPORATION.

District Court, S. D. New York.

February 20, 1948.

Attorney(s) appearing for the Case

Pruitt, Hale & Coursen, of New York City (H. Preston Coursen, of New York City, and Francis J. Naphin of Chicago, Ill., of counsel), for plaintiff.

Lester E. Waterbury, of New York City (Lester E. Waterbury and Arthur D. Wingebach, both of New York City, of counsel), for defendant.

GODDARD, District Judge.

This action by the plaintiff, a resident of Illinois, is brought against the defendant, a Delaware corporation, to recover damages sustained for alleged breach of a contract by the defendant to purchase 153,500 laminated water-proof bags [later referred to as "Triplex bags"]. It was tried before the court without a jury.

In the complaint it is alleged that an agreement for the purchase of the bags was entered into on or about April...

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