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DEERING-MILLIKEN & CO. v. MODERN-AIRE OF HOLLYWOOD

No. 14481.

231 F.2d 623 (1955)

DEERING-MILLIKEN & CO., Inc., a corporation, Appellant, v. MODERN-AIRE OF HOLLYWOOD, Inc., a corporation, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied April 20, 1956.

Attorney(s) appearing for the Case

Adams, Duque & Hazeltine, James S. Cline, Lawrence T. Lydick, Los Angeles, Cal., for appellant.

Aaron L. Lincoff, Gilbert Klein, Los Angeles, Cal., for appellee.

Before STEPHENS and FEE, Circuit Judges, and WIIG, District Judge.

JAMES ALGER FEE, Circuit Judge.

This is an action on alleged contract claimed to have been entered into between Modern-Aire of Hollywood, Inc., plaintiff, and Deering-Milliken & Co., Inc., defendant. The complaint alleges the formation and breach by Deering-Milliken of a contract with plaintiff for the purchase and sale of 126,000 yards of rayon goods. The supposed agreement concerned material to be used by Modern-Aire in filling another engagement entered into...

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