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RANKIN SALES CO. v. MORRIE H. MORGAN COMPANY

No. 17145.

296 F.2d 113 (1961)

RANKIN SALES CO., a Corporation, and Kenneth R. Rankin, Appellant, v. MORRIE H. MORGAN COMPANY and Farmers Frozen Food Company, California Corporation, Appellees.

United States Court of Appeals Ninth Circuit.

November 13, 1961.

Attorney(s) appearing for the Case

Garrett & Speier, by Dan L. Garrett, Jr., and Henry C. Krivetsky, San Francisco, Cal., for appellant.

Stark & Champlin, by Stanley E. Sparrowe and Ralph J. Moore, Jr., Oakland, Cal., for appellee.

Before HAMLIN and KOELSCH, Circuit Judges, and JAMESON, District Judge.

HAMLIN, Circuit Judge.

On December 12, 1956, Kenneth R. Rankin, assignor of Rankin Sales Company, appellant herein, and Morrie H. Morgan Company and Farmers Frozen Food Company, appellees herein, entered into a written contract covering the production and marketing of frozen strawberries. Appellees are described in said contract as being "in the business of producing, harvesting and packing for sale frozen strawberries" and appellant is described in said contract...

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