ALAMO PRODUCTS CO. v. ED SMITH'S STENCIL WORKS, INC.

No. 2887.

206 So.2d 723 (1968)

ALAMO PRODUCTS COMPANY v. ED SMITH'S STENCIL WORKS, INC.

Court of Appeal of Louisiana, Fourth Circuit.

February 5, 1968.


Attorney(s) appearing for the Case

Cobb & Wright, Mettery I. Sherry, Jr. and Herman M. Baginsky, New Orleans, for plaintiff-appellant.

Adams & Reese, Sam A. LeBlanc, III and Joel L. Borrello, New Orleans, for defendant-appellee.

Before REGAN, SAMUEL and JOHNSON, JJ.


SAMUEL, Judge.

During 1963 plaintiff, a sweet potato canning company with a plant in Opelousas, Louisiana, decided to pack the same size can (described as a #3 "squat" or a 404) with two different sizes and quantities of potatoes. As the cans were to be run on the same conveyor belt, handpacked with potatoes, filled with cooking syrup and soldered, and the potatoes cooked, before the cans were labeled, it was necessary to devise some means of identifying the cans...

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