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ROUNDHOUSE v. OWENS-ILLINOIS, INC.

Nos. 77-1228, 77-1229.

604 F.2d 990 (1979)

Jacob ROUNDHOUSE and Jay Roundhouse, d/b/a Roundhouse Trout Ranch and Robinett Trout Pond, Plaintiffs-Appellees-Cross Appellants, v. OWENS-ILLINOIS, INC., Defendant-Appellant-Cross Appellee.

United States Court of Appeals, Sixth Circuit.

Decided August 16, 1979.

Attorney(s) appearing for the Case

Eugene F. Townsend, Jr., Fraser, Trebilcock, Davis & Foster, John J. Loose, Lansing, Mich., for defendant-appellant-cross-appellee.

Joseph J. Jerkins, Jerkins, Plaszczak & Hurley, James F. Bauhof, Kalamazoo, Mich., for plaintiffs-appellees-cross-appellants.

Before EDWARDS, Chief Judge, KEITH, Circuit Judge, and BROWN, District Judge.

KEITH, Circuit Judge.

This case involves a dispute between the former operators of a "ma and pa fishranch" and a corporation which allegedly sold them diseased fish. The plaintiffs and the defendant both raised trout for resale. In June of 1967, the parties agreed to a "fish exchange" whereby the plaintiff bought fish from the defendant and viceversa. The plaintiff received fish from the defendant on June 26, 1967, July 6, 1967, August 11, 1967, and October 5, 1967...

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