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ASSOCIATED BEVERAGES CO. v. P. BALLANTINE & SONS

No. 18335.

287 F.2d 261 (1961)

ASSOCIATED BEVERAGES COMPANY and Maurice Pepper, Appellants, v. P. BALLANTINE & SONS, Appellee.

United States Court of Appeals Fifth Circuit.

February 7, 1961.

Attorney(s) appearing for the Case

Sidney Pepper, New York City, H. Fred Gober, Atlanta, Ga., Arnall, Golden & Gregory, Atlanta, Ga., DeWitt, Pepper & Howell New York City, for appellants.

Griffin B. Bell, Atlanta, Ga., M. Hardeman Blackshear, Jr., Spalding, Sibley, Troutman, Meadow & Smith, Atlanta, Ga., of counsel, for appellee.

Before JONES and BROWN, Circuit Judges, and CARSWELL, District Judge.

CARSWELL, District Judge.

Appellants seek reversal of the District Court's order which granted appellee's motion for summary judgment.

Ballantine brought action to recover the sum of $17,191.64 from Associated Beverages Company and/or from Pepper as guarantor.

Associated was a distributor of Ballantine beer and had been distributing for Ballantine since 1946. On November 10, 1949, Ballantine sent to Associated a letter quoted in its relevant parts...

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