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MERZ v. SUNNYBROOK FARMS MILK AND ICE CREAM CO.

No. 15665.

258 F.2d 188 (1958)

John A. MERZ and Charles L. Bray, doing business as All-Jersey Dairy, Appellants, v. SUNNYBROOK FARMS MILK AND ICE CREAM CO., Inc., a corporation and Polar Pie Ice Cream Corporation, Appellees.

United States Court of Appeals Ninth Circuit.

Rehearing Denied October 20, 1958.

Attorney(s) appearing for the Case

Barzee, Leedy & Erwin, Robert A. Leedy, Herman L. Lind, Jr., Portland, Or., for appellants.

Bryson & Deich, Dean F. Bryson, Portland, Or., for appellees.

Before HEALY and FEE, Circuit Judges, and CHASE A. CLARK, District Judge.

CHASE A. CLARK, District Judge.

Appellants were distributors in Cowlitz County, Washington, of milk furnished them by Appellees who were milk processors in Portland, Oregon. After a period of dealings without a contract the parties entered into a written contract on June 23, 1954, under terms of which the Appellees would furnish Appellants with their requirements of milk, cream, milk by-products and ice cream, and Appellants would buy all of their said requirements...

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