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CROWN CORK & SEAL CO. v. MORTON PHARMACEUTICALS, INC.

No. 18687.

417 F.2d 921 (1969)

CROWN CORK & SEAL COMPANY, Inc., Plaintiff-Appellant, v. MORTON PHARMACEUTICALS, INC., Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

September 30, 1969.

Attorney(s) appearing for the Case

John B. Maxwell, Jr., Memphis, Tenn., for appellant; Apperson, Crump, Duzane & Maxwell, Memphis, Tenn., of counsel.

Eulyse M. Smith, Memphis, Tenn., for appellee.

Before PECK, McCREE, Circuit Judges, and McALLISTER, Senior Circuit Judge.

JOHN W. PECK, Circuit Judge.

The plaintiff-appellant, Crown Cork & Seal Company, Inc. (hereinafter referred to as Crown) originally filed suit in the District Court for the price of goods sold to the defendant-appellee, Morton Pharmaceuticals, Inc. (hereinafter referred to as Morton). Morton counterclaimed for damages, alleging that some 36,000 aerosol cans previously purchased by it from Crown were defective. The District Court granted Crown's motion for summary...

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