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ALOVER DISTRIBUTORS, INC. v. KROGER CO.

Nos. 74-1363, 74-1364.

513 F.2d 1137 (1975)

ALOVER DISTRIBUTORS, INC., Plaintiff-Appellee, Cross Appellant, v. The KROGER CO., Defendant-Appellant, Cross Appellee.

United States Court of Appeals, Seventh Circuit.

Decided April 15, 1975.

Attorney(s) appearing for the Case

David P. List, Chicago, Ill., for Kroger.

James B. Rice, Chicago, Ill., for Alover.

Before PELL, Circuit Judge, TONE, Circuit Judge, and JAMESON, Senior District Judge.

JAMESON, Senior District Judge.

This is an action for the alleged breach of a contract dated April 11, 1969 between plaintiff-appellee and cross-appellant, Alover Distributors, Inc. and defendant-appellant and cross-appellee, The Kroger Company. The contract provided that Alover would deliver ice cream to Kroger's stores located in the Chicago area for (1) a specified sum per gallon of ice cream delivered and (2) a minimum gallonage guarantee during each year of a...

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