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N&D FASHIONS, INC. v. DHJ INDUSTRIES, INC.

No. 76-1037.

548 F.2d 722 (1976)

N&D FASHIONS, INC., a Minnesota Corporation and Nelly Don, Inc., a Missouri Corporation, Appellees, v. DHJ INDUSTRIES, INC., a New York Corporation, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided December 21, 1976.

Rehearing Denied February 10, 1977.

Attorney(s) appearing for the Case

Jack Hassid (argued), New York City, Schermer, Schwappach, Borkon & Ramstead, Minneapolis, Minn., on briefs, for appellant.

Allen I. Saeks (argued), Edward M. Moersfelder, Minneapolis, Minn., on brief, for appellees.

Before BRIGHT and WEBSTER, Circuit Judges, and TALBOT SMITH, Senior District Judge.

WEBSTER, Circuit Judge.

This litigation centers upon the effect to be given to a condition of sale requiring arbitration of disputes that was contained in the seller's acknowledgment of the buyer's written purchase order. It implicates the sometimes murky provisions of Section 2-207 of the Uniform Commercial Code,1 which was intended to put to rest uncertainty arising from the "battle of the forms...

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