BIGGS, Chief Judge.
On May 13, 1943 the Canister Company and on February 1, 1944 The Canister Company, Inc. (referred to collectively hereinafter as "Canister") filed suits in the court below (Civil Actions Nos. 309 and 365) against National Can Corporation ("National Can"). The complaints in the two suits may be treated as substantially identical for the purposes of the instant suit. Both complaints sought specific performance of an oral contract entered into by...
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