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AMERICAN CAN CO. v. RUSSELLVILLE CANNING CO.

No. 14141.

191 F.2d 38 (1951)

AMERICAN CAN CO. v. RUSSELLVILLE CANNING CO.

United States Court of Appeals Eighth Circuit.

July 27, 1951.

Attorney(s) appearing for the Case

Charles A. Horsky, Washington, D. C. (Harry L. Shniderman, Washington, D. C., John P. Woods, Daily & Woods, all of Fort Smith, Ark., and Covington, Burling, Rublee, O'Brian & Shorb, Washington, D. C., on the brief), for appellant.

Walton Hamilton, Washington, D. C. and J. M. Smallwood, Russellville, Ark. (Arnold Fortas & Porter, Washington, D. C., on the brief), for appellee.

Before SANBORN, JOHNSEN, and RIDDICK, Circuit Judges.

SANBORN, Circuit Judge.

The Russellville Canning Company, a partnership, of Russellville, Arkansas, owned and operated a canning plant at that place from June 2, 1943, to December 1, 1948, when it sold its physical assets to a corporation. The partnership, during the period June 2, 1943, to December 31, 1947, bought all of the cans which it used in its business of canning vegetables from the American Can Company, under a written contract. The total number of cans...

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