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SCHUTTER CANDY CO. v. STEIN BROS. PAPER BOX CO.

No. 15210.

371 F.2d 340 (1966)

SCHUTTER CANDY COMPANY, a Delaware corporation, Plaintiff, v. STEIN BROS. PAPER BOX COMPANY, an Illinois corporation, Defendant. STEIN BROS. PAPER BOX COMPANY, Defendant and Third Party Plaintiff-Appellant, v. The LA BOITEAUX COMPANY, an Ohio Corporation, Third Party Defendant-Appellee and Third Party Plaintiff, v. ROCKY RIVER PAPER MILL, INC., a Michigan corporation, Third Party Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

December 6, 1966.

Attorney(s) appearing for the Case

Samuel Morgan, Chicago, Ill., for appellant.

L. H. Vogel, Albert F. Manion, Chicago, Ill., for third-party defendant-appellee and third-party plaintiff, La Boiteaux Co., David Jacker, William H. Symmes, John M. O'Connor, Jr., of Kirkland, Ellis, Hodson, Chaffetz & Masters, Chicago, Ill., for third-party defendant-appellee, Rocky River Paper Mill, Inc.

Before HASTINGS, Chief Judge, and CASTLE and KILEY, Circuit Judges.

CASTLE, Circuit Judge.

This diversity action was instituted in the District Court by Schutter Candy Company to recover damages for an alleged breach of warranty by Stein Bros. Paper Box Company, the appellant herein. The complaint charged in substance that Stein Bros. had sold and delivered to Schutter certain paper boxes which were malodorous and therefore unfit for the packaging of chocolate-covered candy bars, the purpose for which the boxes were intended. Stein...

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