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FISHEL PRODUCTS COMPANY v. COMMODITY CREDIT CORPORATION

No. 22752.

415 F.2d 1255 (1969)

FISHEL PRODUCTS COMPANY, a co-partnership consisting of Edward R. Fishel and John D. Fishel, Appellants, v. COMMODITY CREDIT CORPORATION, Appellee.

United States Court of Appeals Ninth Circuit.

September 15, 1969.

Attorney(s) appearing for the Case

Frank J. Creede, Jr. (argued), of Creede, Dawson & Gillaspy, Fresno, Cal., for appellants.

James Stotter, II (argued), Special Asst. U. S. Atty., John P. Hyland, U. S. Atty., Los Angeles, Cal., for appellee.

Before DUNIWAY and HUFSTEDLER, Circuit Judges, and PENCE, District Judge.

PER CURIAM:

Fishel Products Company ("Fishel") appeals from a summary judgment entered in favor of Commodity Credit Corporation ("CCC"), a corporation wholly owned by the United States. Fishel contracted to process into bulgur wheat owned by CCC. Bulgur is parched crushed wheat which is used as a dietary staple in some parts of the world.

Under one contract, dated November 28, 1962, Fishel agreed to process 5,600,000 pounds of bulgur of a specified quality...

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