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TEXAS GULF SULPHUR COMPANY v. J. R. SIMPLOT COMPANY

No. 22829.

418 F.2d 793 (1969)

TEXAS GULF SULPHUR COMPANY, a corporation, Defendant and Appellant, v. J. R. SIMPLOT COMPANY, a corporation, Plaintiff and Appellee, and John Hancock Mutual Life Insurance Company, a corporation, Intervener and Appellee.

United States Court of Appeals Ninth Circuit.

October 24, 1969.

Attorney(s) appearing for the Case

John D. Hartigan (argued), New York City, Elam, Burke, Jeppesen & Evans, Boise, Idaho, for appellant.

Jess B. Hawley, Jr. (argued), Paul B. Ennis, of Hawley, Troxell, Ennis & Hawley, Boise, Idaho, Carl J. Schuck (argued), of Overton, Lyman & Prince, Los Angeles, Cal., Eberle & Berlin, Boise, Idaho, for appellee.

Before HAMLIN, BROWNING and CARTER, Circuit Judges.

JAMES M. CARTER, Circuit Judge:

This action was started by J. R. Simplot Company, a corporation (hereafter Simplot), to obtain a judgment that Texas Gulf Sulphur Company, a corporation (hereafter Texas Gulf), was obligated under an option clause in a 1963 contract to deliver each year to Simplot 40,000 long tons of sulphur. Texas Gulf's answer denied Simplot's interpretation of the option clause and by affirmative defense claimed a different price was involved or...

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