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PHILIPS ELECTRONICS & PHARMACEUTICAL IND. CORP. v. LEAVENS

Nos. 17699, 17700.

421 F.2d 39 (1970)

PHILIPS ELECTRONICS & PHARMACEUTICAL INDUSTRIES CORP., a Corporation of the State of Maryland v. William B. LEAVENS, Jr., and Greene Datatape, Inc., a Corporation of the State of New Jersey. William B. Leavens, Jr., Appellant in No. 17699, Greene Datatape, Inc., a Corporation of the State of New Jersey, Appellant in No. 17700.

United States Court of Appeals Third Circuit.

Decided January 13, 1970.

Attorney(s) appearing for the Case

Sheldon A. Weiss, Glauberman & Weiss, Jersey City, N. J., (Isadore Glauberman, Jersey City, N. J., on the brief), for appellants.

Joel D. Siegal, Hellring, Lindeman & Landau, Newark, N. J. (Bernard Hellring, Stephen H. Roth, Newark, N. J., on the brief), for appellee.

Before HASTIE, Chief Judge, and McLAUGHLIN and VAN DUSEN, Circuit Judges.

OPINION OF THE COURT

VAN DUSEN, Circuit Judge.

This case is before the court on the appeals (1) of the corporate defendant (No. 17700) from a District Court Judgment of October 18, 1968, awarding damages for anticipatory breach of a contract for the manufacture and repair of mechanical devices known as Letteriters1 attached to I.B.M. electric typewriters and dismissing its counterclaim alleging

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