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CROWN INDUSTRIES, INC. v. BOYERTOWN BURIAL CASKET CO.

No. 14619.

300 F.2d 809 (1962)

CROWN INDUSTRIES, INC., Plaintiff-Appellant, v. BOYERTOWN BURIAL CASKET COMPANY, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

March 30, 1962.

Attorney(s) appearing for the Case

Irving Harris, Cincinnati, Ohio, Charles F. Hartsock, Cincinnati, Ohio, on brief; Cors, Hair & Hartsock, Cincinnati, Ohio, of counsel, for appellant.

Robert T. Keeler, Cincinnati, Ohio, Charles D. Lindberg, Cincinnati, Ohio, on brief; Taft, Stettinius & Hollister, Cincinnati, Ohio, of counsel, for appellee.

Before MILLER, Chief Judge, and McALLISTER and O'SULLIVAN, Circuit Judges.

O'SULLIVAN, Circuit Judge.

Defendant-appellee, Boyertown Burial Casket Company (hereinafter referred to as Boyertown) agreed to buy, and plaintiff-appellant, Crown Industries, Inc., formerly the Cincinnati Coffin Company, (hereinafter referred to as Cincinnati) agreed to sell to Boyertown, substantially all of the assets of Cincinnati. On September 16, 1957, the date of closing, all of the assets sold were transferred to Boyertown. At that time, Boyertown paid Cincinnati...

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