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CORNWELL QUALITY TOOLS CO. v. C. T. S. COMPANY

Nos. 24914, 24969.

446 F.2d 825 (1971)

CORNWELL QUALITY TOOLS CO., Plaintiff-Appellant, v. C. T. S. COMPANY, Inc., Defendant-Appellee. CORNWELL QUALITY TOOLS CO., Plaintiff-Appellee, v. C. T. S. COMPANY, Inc., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing and Rehearing Denied August 31, 1971.

Attorney(s) appearing for the Case

Les J. Weinstein (argued), Aaron M. Peck, Brian R. Silver, of McKenna & Fitting, Los Angeles, Cal., Milton Davis, Beverly Hills, Cal., for C.T.S. Co., Inc.

John M. Glenn (argued), Richard A. Chenoweth, of Buckingham, Doolittle & Burroughs, Akron, Ohio, Dean C. Dunlavey, of Gibson, Dunn & Crutcher, Los Angeles, Cal., for Cornwell Quality Tools.

Before MERRILL, ELY and HUFSTEDLER, Circuit Judges.

Rehearing and Rehearing In Banc Denied August 31, 1971.

HUFSTEDLER, Circuit Judge:

Cornwell Quality Tools Co. ("Cornwell") and C.T.S. Company, Inc. ("CTS") filed cross-appeals from the adverse portions of the district court's judgment entered after each party had moved successfully against the other for directed verdicts.

The case breaks into four parts: (1) Cornwell's claim against CTS to recover the purchase price of merchandise it sold to CTS, its...

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