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HUNTER-WILSON DISTILLING CO. v. FOUST DISTILLING CO.

No. 10035.

181 F.2d 543 (1950)

HUNTER-WILSON DISTILLING CO., Inc. v. FOUST DISTILLING CO.

United States Court of Appeals Third Circuit.

Filed April 21, 1950.

Attorney(s) appearing for the Case

Douglass D. Storey, Harrisburg, Pa. (Herbert Levy, Baltimore, Md., Storey & Bailey, Harrisburg, Pa., on the brief), for appellant.

William Hoffenberg, Baltimore, Md. (Mark T. Milnor, Harrisburg, Pa., on the brief), for appellee.

Before McLAUGHLIN, KALODNER and HASTIE, Circuit Judges.

McLAUGHLIN, Circuit Judge.

Appellant's contract action, tried to the Court alone, resulted in favor of the defendant-appellee on the main issue involved, and on the counterclaim. It is these two items with which we are concerned in this appeal. The facts, as justifiably found by the District Judge, are that, in March 1940, appellee sold to Wilson Company 2535 barrels of rye whiskey then on storage in its warehouse. Proper...

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