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M. W. ZACK COMPANY v. R. D. WERNER CO.

No. 12267.

222 F.2d 634 (1955)

M. W. ZACK COMPANY, a Michigan Corporation, Appellant, v. R. D. WERNER CO., Inc., a Pennsylvania Corporation, Appellee.

United States Court of Appeals Sixth Circuit.

May 24, 1955.

Attorney(s) appearing for the Case

Morris Garvett and Charles L. Levin, Detroit, Mich., Earlmont H. Dill, Levin, Levin, Garvett & Dill, Detroit, Mich., of counsel, for appellant.

Edward T. Goodrich, Detroit, Mich., Voorhies, Dilley, Keck & Rowley, Greeneville, Pa., Hill, Lewis, Andrews, Granse & Adams, Detroit, Mich., on brief, for appellee.

Before MARTIN, McALLISTER and STEWART, Circuit Judges.

MARTIN, Circuit Judge.

The appellee, R. D. Werner Co., Inc., a Pennsylvania corporation, brought an action against the appellant, M. W. Zack Metal Company, a Michigan corporation, for damages for breach of a contract in writing, dated August 1, 1950, whereby appellant sold to appellee 650,000 pounds of aluminum ingot at a specified price for delivery in August and September of 1950. Simultaneously with the execution of the contract, the purchaser paid the seller ...

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