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AUTHORIZED SUPPLY CO. OF ARIZONA v. SWIFT & COMPANY

No. 16274.

277 F.2d 710 (1960)

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 Denied June 16, 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, POPE and JERTBERG, Circuit Judges.

PER CURIAM.

We granted appellee Swift & Company's petition for rehearing in order to consider such appellee's contention that our decision reported in 271 F.2d 242 sanctions partial rescission of an indivisible, non-severable contract for the sale of goods.

Our conclusions in that opinion were predicated on the following statement which appears on page 244:

"It is clear from the pleadings, the evidence, and the...

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