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AMERICAN PIPE & STEEL CORP. v. FIRESTONE TIRE & RUBBER CO.

No. 17158.

292 F.2d 640 (1961)

AMERICAN PIPE & STEEL CORPORATION, Appellant, v. FIRESTONE TIRE & RUBBER COMPANY, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied August 25, 1961.

Attorney(s) appearing for the Case

Landon Morris, Los Angeles, Cal., for appellant.

Trippet, Yoakum, Stearns & Ballantyne, Thomas H. Carver, Los Angeles, Cal., for appellee.

Before CHAMBERS and BARNES, Circuit Judges, and BOLDT, District Judge.

BARNES, Circuit Judge.

The district court's jurisdiction in this case rests on diversity of citizenship. 28 U.S.C. § 1332. This court's jurisdiction is conferred by 28 U.S.C. § 1291.

Defendant-appellee, under contract with the United States, manufactured the "Corporal" missile. Plaintiff-appellant, under contract with appellee, manufactured containers for the missile. Appellee provided appellant with plans for the construction of the containers,...

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