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WILLIAM B. TANNER CO., INC. v. WIOO, INC.

No. 75-1149.

528 F.2d 262 (1975)

WILLIAM B. TANNER CO., INC., and Pepper & Tanner, Inc., Appellees, v. WIOO, INC., Appellant.

United States Court of Appeals, Third Circuit.

Decided November 26, 1975.

Attorney(s) appearing for the Case

William M. Gross, Edgar R. Casper, Krank, Gross, Notturno & Casper, Harrisburg, Pa., for appellant.

Robert D. Hanson, Harrisburg, Pa., for appellees.

Before SEITZ, Chief Judge, ROSENN and GARTH, Circuit Judges.

OPINION OF THE COURT

GARTH, Circuit Judge.

This breach of contract action in the context of the radio industry requires us to resolve questions concerning the authority of an employee to bind his principal, the occurrence of an anticipatory breach, and the damages recoverable following such breach. We hold, as did the district court, that the employee had apparent authority to contract on behalf of the radio station and that an anticipatory breach of the...

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