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MELCHIORRE v. CALIFORNIA CANNERS AND GROWERS

No. 11988.

394 F.2d 413 (1968)

Peter M. MELCHIORRE, Appellant, v. CALIFORNIA CANNERS AND GROWERS, an unincorporated association, Appellee.

United States Court of Appeals Fourth Circuit.

Decided April 25, 1968.

Attorney(s) appearing for the Case

Beril M. Abraham, Norfolk, Va. (Russo, White & Katherman, Norfolk, Va., on brief), for appellant.

Hugh L. Patterson, Norfolk, Va. (John M. Hollis, and Wilcox, Savage, Lawrence, Dickson & Spindle, Norfolk, Va., on brief), for appellee.

Before BRYAN and CRAVEN, Circuit Judges, and RUSSELL, District Judge.

ALBERT V. BRYAN, Circuit Judge:

Summary judgment went for California Canners and Growers (Cal Can), a non-profit cooperative association of that State, when it was sued by Peter M. Melchiorre for terminating without notice his distributorship of its products. Trading as Melchiorre Brothers, he was a vendor of a variety of food produce in Virginia and North Carolina. Decision was grounded on the view that the arrangement was a nudum pactum — merely a consensual...

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