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GENERAL MATTERS, INC. v. PENNY PRODUCTS, INC.

No. 79-2891.

651 F.2d 1017 (1981)

GENERAL MATTERS, INC., a Florida Corporation d/b/a York Associates, Plaintiff-Appellant, v. PENNY PRODUCTS, INC., an Indiana Corporation, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit. Unit B.

July 27, 1981.

Attorney(s) appearing for the Case

Michael J. Appleton, Winter Park, Fla., for plaintiff-appellant.

George L. Clapham, Orlando, Fla., for defendant-appellee.

Before GODBOLD, Chief Judge, HATCHETT, Circuit Judge, and MARKEY, Chief Judge.

GODBOLD, Chief Judge:

This suit for breach of contract arises out of an agreement between General Matters, Inc., d/b/a York Associates (York), plaintiff-appellant, and Penny Products, Inc., defendant-appellee. The parties generally agree on the underlying facts, with one or two exceptions. York is a Florida corporation engaged in buying and reselling various types of food items, primarily closeouts and surplus inventory from factories throughout the United States...

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