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AMERICAN CAN COMPANY v. HORLAMUS CORPORATION

No. 21573.

341 F.2d 730 (1965)

AMERICAN CAN COMPANY, Appellant, v. HORLAMUS CORPORATION, Appellee.

United States Court of Appeals Fifth Circuit.

February 23, 1965.

Attorney(s) appearing for the Case

C. Clyde Atkins, Walton, Lantaff, Schroeder, Atkins, Carson & Wahl, Miami, Fla., for appellant, American Can Co.

Kenneth L. Ryskamp, Fuller & Brumer, Miami, Fla., for appellee.

Before TUTTLE, Chief Judge, RIVES, Circuit Judge, and DYER, District Judge.

DYER, District Judge.

Appellee, Plaintiff below, HORLAMUS CORPORATION, was engaged in the bakery business and, among other things, produced canned bread which could be stocked for some time by grocery stores.

HORLAMUS entered into a contract with CANNED BREAD COMPANY, pursuant to which the former agreed to sell to the latter its entire canned product. CANNED BREAD thereafter purchased a quantity of cans from AMERICAN CAN COMPANY which were delivered (at the...

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