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UNITED STATES v. RESOLUTE PAPER PRODUCTS CORP.

No. 359, Docket 24477.

247 F.2d 188 (1957)

UNITED STATES of America, Plaintiff-Appellee, v. RESOLUTE PAPER PRODUCTS CORPORATION, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided July 29, 1957.

Rehearing Denied September 11, 1957.

Attorney(s) appearing for the Case

Harold Harper, of Harper & Matthews, New York City (Vincent P. Uihlein, of Harper & Matthews, New York City, on the brief), for defendant-appellant.

Robert J. Ward, Asst. U. S. Atty., S. D. N. Y., New York City (Paul W. Williams, U. S. Atty., and Arthur B. Kramer, Asst. U. S. Atty., New York City, on the brief), for plaintiff-appellee.

Before CLARK, Chief Judge, and CHASE and HINCKS, Circuit Judges.

PER CURIAM.

Resolute Paper Products Corporation appeals from a judgment entered by Judge Ryan sitting without a jury holding that it breached its contract to sell toilet tissue to the Veterans' Administration and awarding the plaintiff substantial damages. We have examined the correspondence of the parties and the negligible oral testimony concerning their modification of the price term in the summer of 1947. We disagree with the conclusion below that the term was...

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