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BORDEN COMPANY v. SYLK

Civ. A. No. 39962.

289 F.Supp. 847 (1968)

The BORDEN COMPANY, Plaintiff, v. William SYLK and Harry S. Sylk, Defendants and Third-Party Plaintiffs, v. PENROSE INDUSTRIES CORPORATION, Third-Party Defendant.

United States District Court E. D. Pennsylvania.

September 24, 1968.

Attorney(s) appearing for the Case

Israel Packel of Fox, Rothschild, O'Brien & Frankel, Philadelphia, Pa., for plaintiff, The Borden Co. and non-party Sylvan Seal Milk Co.

Michael H. Egnal, Philadelphia, Pa., for defendants and third-party plaintiffs.

Joel H. Weinrott, Philadelphia, Pa., for Penrose Industries Corp.

MEMORANDUM AND ORDER

JOSEPH S. LORD, III, District Judge.

Borden Company ("Borden") sued the Sylks on a series of promissory notes. The defendants joined Penrose Industries Corporation ("Penrose") as third party defendant. Penrose has filed cross-claims against Borden asserting that (1) Borden breached an oral agreement to sell ice cream to Penrose at a price equal to the lowest price charged any retail outlet in the area for like grade and quality; (2)...

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