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CANADAIR v. SEABOARD WORLD AIRLINES

43 Misc.2d 320 (1964)

Canadair Limited, Plaintiff, v. Seaboard World Airlines, Inc. et al., Defendants. Irving Trust Company, as Trustee, Plaintiff, v. Seaboard World Airlines, Inc. et al., Defendants.

Supreme Court, Special Term, New York County.

May 5, 1964

Attorney(s) appearing for the Case

Sullivan & Cromwell (David W. Peck, Jerome K. Walsh, Jr., and John B. Clark of counsel), for Canadair Ltd., plaintiff. Cravath, Swaine & Moore (John W. Barnum, Steward R. Bross, Jr., Leonard V. Quigley and Frederick A. O. Schwarz, Jr., of counsel), for Irving Trust Company, plaintiff. Cahill, Gordon, Reindel & Ohl (Irwin Schneiderman, David R. Hyde, Nicholas B. Angell and Abraham P. Ordover of counsel), for Seaboard World Airlines, Inc., defendant. White & Case (William D. Conwell, P. B. Konrad Knake and Robert C. Agee of counsel), for Douglas Aircraft Company, Inc., defendant.

CHARLES A. LORETO, J.

Canadair, a wholly owned subsidiary of General Dynamics Corporation, is an airplane manufacturer located in Canada. Seaboard has acquired a number of cargo aircraft from Canadair; these are propeller-driven.

In July of 1963 Seaboard entered into an agreement with Douglas, an aircraft manufacturing company, whereby Douglas agreed to manufacture...

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