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CERMETEK, INC. v. BUTLER AVPAK, INC.

No. 76-1632.

573 F.2d 1370 (1978)

CERMETEK, INC., a corporation, Appellee, v. BUTLER AVPAK, INC., a corporation, et al., Appellants.

United States Court of Appeals, Ninth Circuit.

May 3, 1978.

Attorney(s) appearing for the Case

Jerry K. Cimmet (argued), of Miland & Cimmet, San Francisco, Cal., for appellants.

Arthur J. Shartsis, of Shartsis, Friese & Niesar, Gary A. Greenfield (argued), San Francisco, Cal., for appellee.

Before BROWNING and TRASK, Circuit Judges, and FREY, District Judge.

FREY, District Judge.

Cermetek, Inc. entered into a series of eight C.O.D. (collect on delivery) contracts with Butler Avpak, Inc., a freight forwarder, to ship electronic parts from Cermetek in California to Digital Time Products, Inc. in New York. Butler Avpak, Inc. (hereinafter Avpak) breached the contracts by delivering the goods to Digital in return for company checks instead of demanding cash, certified check or money order. When these checks were dishonored...

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