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APEX MINING COMPANY v. CHICAGO COPPER AND CHEMICAL CO.

Nos. 16940, 16941.

306 F.2d 725 (1962)

APEX MINING COMPANY, Inc., a corporation, Appellant, v. CHICAGO COPPER AND CHEMICAL COMPANY, a corporation, Appellee. CHICAGO COPPER AND CHEMICAL COMPANY, a corporation, Appellant, v. APEX MINING COMPANY, Inc., a corporation, and Raymond L. Govero, Appellees.

United States Court of Appeals Eighth Circuit.

August 17, 1962.

Attorney(s) appearing for the Case

William C. Wines, Chicago, Ill., made argument for Chicago Copper and Chemical Co., and Alphonso H. Voorhees, Fordyce, Mayne, Hartman, Renard & Stribling, St. Louis, Mo., were with him on the brief.

Samuel Richeson of Dearing, Richeson & Weier, Hillsboro, Mo., made argument for Apex Mining Company and Raymond L. Govero and filed brief.

Before SANBORN, BLACKMUN and RIDGE, Circuit Judges.

SANBORN, Circuit Judge.

This diversity action was brought by the Chicago Copper and Chemical Company, of Illinois, against Apex Mining Company, Inc., and Raymond L. Govero, of Missouri, on May 29, 1958, to recover damages for the breach of a written contract to sell and deliver crude barytes ore of a specified quality and in specified quantities during the period December 10, 1956, to December 9, 1957. The case was tried to the District Court without a jury on February...

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