SODERHAMN MACH. MFG. CO. v. MARTIN BROS. CON. & T. PR. CORP.

No. 22281.

415 F.2d 1058 (1969)

SODERHAMN MACHINE MANUFACTURING COMPANY, a corporation, Appellant, v. The MARTIN BROS. CONTAINER & TIMBER PRODUCTS CORP., a corporation, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied October 24, 1969.


Attorney(s) appearing for the Case

George M. Joseph (argued), Jack H. Dunn, Richard A. Van Hoomissen, of Morrison & Bailey, Portland, Or., for appellant.

George W. Mead (argued), Irving Rand, Portland, Or., for appellee.

Before HAMLEY, MERRILL and HUFSTEDLER, Circuit Judges.


The opinion of July 2, 1969, is withdrawn, and the attached amended opinion is filed in its place. The petition for rehearing is denied.

HUFSTEDLER, Circuit Judge:

Soderhamn Machine Manufacturing Company ("Soderhamn") brought this action against The Martin Bros. Timber & Container Corp. ("Martin") for the unpaid balance on a contract by which Soderhamn agreed to install a log debarking and chipper system at Martin's plywood plant and sawmill in Oakland...

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