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SANITARY LINEN SERVICE CO. v. ALEXANDER PROUDFOOT CO.

No. 28687.

435 F.2d 292 (1970)

SANITARY LINEN SERVICE CO., Plaintiff-Appellee-Cross Appellant. v. ALEXANDER PROUDFOOT COMPANY, Defendant-Appellant-Cross Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied and Rehearing Denied January 6, 1971.

Attorney(s) appearing for the Case

Michael Nachwalter, Kelly, Black, Black & Kenny, P. A., by Hugo L. Black, Jr., Miami, Fla., for appellant.

Daniel Neal Heller, Miami, Fla., for appellee.

Before TUTTLE, BELL, and GOLDBERG, Circuit Judges.

Rehearing Denied and Rehearing En Banc Denied January 6, 1971.

BELL, Circuit Judge:

This appeal involves a diversity suit having a contractual basis. The district court ruled for the plaintiff on a failure of consideration and restitution theory although not specifically so denominated. We affirm on the appeal of defendant. The district court denied plaintiff additional damages and a cross-appeal was taken on this ruling. We also affirm on the cross-appeal...

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