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AUTHORIZED SUPPLY CO. OF ARIZONA v. SWIFT & COMPANY

No. 16274.

271 F.2d 242 (1959)

AUTHORIZED SUPPLY COMPANY OF ARIZONA, a corporation, Appellant, v. SWIFT & COMPANY, a corporation; Arizona York Refrigeration Company, a corporation, and Southern Arizona York Refrigeration Company, a corporation, Appellees. ARIZONA YORK REFRIGERATION COMPANY, a corporation, and Southern Arizona York Refrigeration Company, a corporation, Appellants, v. SWIFT & COMPANY, a corporation, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Granted January 11, 1960.

Attorney(s) appearing for the Case

May, Lesher & Dees, Tucson, Ariz., for Authorized Supply Co.

Darnell, Holesapple, McFall & Spaid, Tucson, Ariz., for Arizona York Refrig. Co.

Boyle, Bilby, Thompson & Shoenhair, Richard B. Evans, B. G. Thompson, Jr., Tucson, Ariz., for appellee.

Before ORR, Senior Judge, and POPE and JERTBERG, Circuit Judges.

JERTBERG, Circuit Judge.

For purposes of clarity, inasmuch as there are two separate appeals in this case, we will refer in this opinion to the parties by their designations in the district court.

The plaintiff is a corporation organized under the laws of the State of Illinois, and the other parties are corporations organized under the laws of the State of Arizona. The contract out of which the action arose was made and entered into in the State of Arizona...

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