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LEROUX & CO. v. MERCHANTS DISTILLING CORPORATION

No. 9351.

165 F.2d 481 (1948)

LEROUX & CO., Inc., et al. v. MERCHANTS DISTILLING CORPORATION.

Circuit Court of Appeals, Seventh Circuit.

January 21, 1948.

Attorney(s) appearing for the Case

John H. Beasley, of Terre Haute, Ind. (Beasley, O'Brien & Beasley, of Terre Haute, Ind., and Schnader, Kenworthey, Segal & Lewis, of Philadelphia, Pa., of counsel), for appellant.

H. B. Aikman and Aikman, Piety & McPeak, all of Terre Haute, Ind., for appellee.

Before SPARKS, MAJOR, and KERNER, Circuit Judges.

KERNER, Circuit Judge.

Plaintiffs appeal from a judgment disallowing their claim for damages. The action was predicated upon an alleged breach of a written contract between Leroux and Co., Inc. (hereinafter called Leroux) and Merchants Distilling Corporation (hereinafter called Merchants) that the latter supply Leroux with whiskey for the ultimate and exclusive use of Spatola Wines, Inc. (hereinafter called Spatola). The case was tried by the court without a jury...

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