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RALSTON PURINA CO. v. NABISCO, INC.

No. 75-1444.

541 F.2d 679 (1976)

RALSTON PURINA COMPANY, Appellee, v. NABISCO, INC., Appellant.

United States Court of Appeals, Eighth Circuit.

Decided June 16, 1976.

As Modified on Denial of Rehearing and Rehearing August 25, 1976.

Attorney(s) appearing for the Case

Veryl L. Riddle, St. Louis, Mo., for appellant; R. H. McRoberts, Thomas C. Walsh and Robert F. Scoular, Bryan, Cave, McPheeters & McRoberts, St. Louis, Mo., on brief.

Robert S. Allen, St. Louis, Mo., for appellee; Dominic Troiani, David W. Detjen, of Lewis, Rice, Tucker, Allen & Chubb, St. Louis, Mo., on brief.

Before VOGEL and VAN OOSTERHOUT, Senior Circuit Judges, and BRIGHT, Circuit Judge.

As Modified on Denial of Rehearing and Rehearing En Banc August 25, 1976.

BRIGHT, Circuit Judge.

In mid-1972, the Ralston Purina Company (Ralston) entered into a contract to sell its frozen food processing plant located in Wellston, Ohio, to Freezer Queen Foods, Inc. (Freezer Queen), a wholly-owned subsidiary of Nabisco, Inc. (Nabisco). In connection with this transaction, Nabisco presented Ralston with a guaranty letter in which it allegedly guaranteed the...

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