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SUNSHINE PACKERS, INC. v. AMERICAN CAN COMPANY

No. 25198.

395 F.2d 86 (1968)

SUNSHINE PACKERS, INC., Appellant, v. AMERICAN CAN COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

May 22, 1968.

Attorney(s) appearing for the Case

E. Snow Martin, Lakeland, Fla., Martin & Martin, Lakeland, for appellant.

John M. Allison, Tampa, Fla., Harvey M. Applebaum, Washington, D. C., J. Randolph Wilson, Washington, D. C., Covington & Burling, Washington, D. C., Macfarlane, Ferguson, Allison & Kelly, Tampa, Fla., for appellee.

Before GOLDBERG, GODBOLD and SIMPSON, Circuit Judges.

GOLDBERG, Circuit Judge:

Appellant hurls the spear of an antitrust decree at its obligation to pay a note. The facts and relevant law, however, do not justify our rendering its promises vulnerable.

The appellee manufactures tin cans and other metal containers. The appellant uses tin cans in packing citrus products. The transactions between the two which are relevant to this controversy occurred during the 1961-1962 citrus season.

In February, 1962...

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