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MILPRINT, INC. v. DONALDSON CHOCOLATE COMPANY

No. 15297.

222 F.2d 898 (1955)

MILPRINT, Inc., a corporation, Appellant, v. DONALDSON CHOCOLATE COMPANY, a corporation, Appellee.

United States Court of Appeals Eighth Circuit.

June 14, 1955.

Attorney(s) appearing for the Case

Lawrence R. Brown, Kansas City, Mo. (Michael J. Bogutski and Stinson, Mag, Thomson, McEvers & Fizzell, Kansas City, Mo., on the brief), for appellant.

Walter A. Raymond, Kansas City, Mo. (Alfred Kuraner, Irving Kuraner, and Kuraner, Freeman, Kuraner & Oberlander, Kansas City, Mo., on the brief), for appellee.

Before SANBORN, WOODROUGH and VOGEL, Circuit Judges.

SANBORN, Circuit Judge.

This is an appeal from a judgment for the plaintiff (appellee), a Missouri corporation which makes candy bars, in an action brought by it against the defendant (appellant) for the alleged breach of an implied warranty. The defendant is a Delaware corporation which makes a grease-proof paper, known as "glassine", for the wrapping of candy bars.

In its complaint the plaintiff alleged, in substance, that in December, 1950, and from time...

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