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EMOR, INC. v. CYPRUS MINES CORPORATION

Nos. 71-1671 to 71-1673.

467 F.2d 770 (1972)

EMOR, INC., Appellant in No. 71-1671, and Delcalo, Inc. v. CYPRUS MINES CORPORATION, Appellant in No. 71-1673, v. ALUMINUM COMPANY OF AMERICA (Counterdefendant). Appeal of DELCALO, INC., in No. 71-1672.

United States Court of Appeals, Third Circuit.

Decided September 22, 1972.

Attorney(s) appearing for the Case

Frank L. Seamans, Eckert, Seamans, Cherin & Mellott, Pittsburgh, Pa., for Emor, Inc. and Delcalo, Inc.

Bruce A. Bevan, Jr., Musick, Peeler & Garrett, Los Angeles, Cal., for Cyprus Mines Corp.

Before ADAMS, GIBBONS, and MAX ROSENN, Circuit Judges.

OPINION OF THE COURT

MAX ROSENN, Circuit Judge.

This is an appeal in a diversity contract action from a judgment of the United States District Court for the Western District of Pennsylvania. After a long non-jury trial of 29 days, the trial judge entered judgment in favor of Aluminum Company of America (Alcoa) and against Cyprus Mines Corporation (Cyprus) for $1,261,520. Each party has appealed. All material facts in the case are stated in an exhaustive...

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