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SCHOLZ HOMES, INC. v. LARSON

No. 16504.

411 F.2d 342 (1969)

SCHOLZ HOMES, INC., Plaintiff-Appellee, v. Lavern E. LARSON and Roger E. Kilby, Defendants-Appellants.

United States Court of Appeals Seventh Circuit.

Rehearing Denied July 3, 1969.

Attorney(s) appearing for the Case

William E. Lucas, Warren C. Horton, Keith K. Nicolls, Paul M. Smith, Jr., Chicago, Ill., for defendants-appellants.

Lawrence Mills, Robert J. Garrett, Chicago, Ill., for plaintiff-appellee.

Before SWYGERT, FAIRCHILD and KERNER, Circuit Judges.

FAIRCHILD, Circuit Judge.

Plaintiff Scholz Homes, Inc., an Ohio corporation, granted a franchise and sold an inventory of materials to Pacific Fabricated Structures, Inc., a California corporation, referred to by the parties as FABSCO, organized by Bernard Perry and Bruce Kilby. The contract was signed August 19, 1960, a few days after incorporation of FABSCO. In 1962 plaintiff Scholz brought this action1 against Lee (Lavern E.) Larson...

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