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PETER FOX BREWING CO. v. COLLINS

No. 3908.

177 F.2d 1008 (1949)

PETER FOX BREWING CO. et al. v. COLLINS.

United States Court of Appeals Tenth Circuit.

Rehearing Denied November 28, 1949.

Attorney(s) appearing for the Case

Charles E. Dierker, Oklahoma City, Okl. (Harold L. Lipton, Chicago, Ill., with him on the brief), for appellants.

Robert O. Bailey, Oklahoma City, Okl. (Bruce McClelland, Louie G. Kneeland, Bruce McClelland, Jr., Leslie L. Conner, Oklahoma City, Okl., and Irvine E. Ungerman, Tulsa, Okl., with him on the brief), for appellee.

Before PHILLIPS, Chief Judge, and HUXMAN and MURRAH, Circuit Judges.

HUXMAN, Circuit Judge.

This was an action by appellee, C. G. Collins, against Peter Fox Brewing Company and Acme Distributing Company, two corporations, to recover $12,610.40, the balance of a deposit of $20,000.00, deposited pursuant to a contract for the purchase of beer. Judgment was entered for plaintiff and defendants have appealed.

On August 20, 1946, Acme entered into a contract with Collins to deliver specified quantities of beer weekly for a five...

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