INTERSTATE PLYWOOD SALES CO. v. INTERSTATE CONTAINER CORP.

No. 18785.

331 F.2d 449 (1964)

INTERSTATE PLYWOOD SALES COMPANY, a corporation, Appellant, v. INTERSTATE CONTAINER CORPORATION, a corporation, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied May 22, 1964.


Attorney(s) appearing for the Case

Dunne, Dunne & Phelps, and Desmond G. Kelly, San Francisco, Cal., Koerner, Young, McColloch & Dezendorf, James C. Dezendorf and James H. Clarke, Portland, Or., for appellant.

O'Gara & McGuire, James O'Gara, Jr., E. James McGuire, Walter R. Wright, San Francisco, Cal., for appellee.

Before ORR, HAMLEY and BROWNING, Circuit Judges.


ORR, Circuit Judge.

Appellee Interstate Container Corp. (referred to hereafter as "Container Corp."), a producer of Digger pine veneer, desired to enter the plywood manufacturing business. In order to do so Container Corp. needed to install machinery to manufacture finished plywood from the veneer material it was then producing. To this end it entered into a contract with appellant Interstate Plywood Sales Co. (hereafter referred to as "Sales Co.") on October 31,...

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