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TCP INDUSTRIES, INC. v. UNIROYAL, INC.

No. 80-1010.

661 F.2d 542 (1981)

TCP INDUSTRIES, INC., Plaintiff-Appellee, v. UNIROYAL, INC., Defendant-Appellant, Donald C. Fresne, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided September 29, 1981.

Rehearing Denied November 17, 1981.

Attorney(s) appearing for the Case

Robert M. Klein, Leslie W. Fleming, Detroit, Mich., Sidney P. Howell, New York City, for defendant-appellant.

W. Merritt Jones, Jr., Nancy L. Hutcheson, Hill, Lewis, Adams, Goodrich & Tait, Detroit, Mich., for plaintiff-appellee.

Before ENGEL, KEITH and KENNEDY, Circuit Judges.

CORNELIA G. KENNEDY, Circuit Judge.

TCP Industries, Inc. (TCP) filed this breach of contract action against Uniroyal, Inc. (Uniroyal) to recover profits lost when Uniroyal refused to purchase butadiene pursuant to an April 1, 1974 contract. Uniroyal counterclaimed seeking damages from TCP and Donald C. Fresne (Fresne), its president and principal shareholder, for fraud, breach of an earlier 1970 contract, and breach of the 1974 contract. The jury returned a verdict...

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