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GLASS CONTAINERS CORP. v. MILLER BREWING CO.

No. 79-3284.

643 F.2d 308 (1981)

GLASS CONTAINERS CORPORATION, Plaintiff-Appellee, Cross Appellant, v. MILLER BREWING COMPANY, Defendant-Appellant, Cross Appellee.

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

April 22, 1981.

Attorney(s) appearing for the Case

Cantey, Hanger, Gooch, Munn & Collins, H. Carter Burdette, Estil Vance, Jr., Fort Worth, Tex., for defendant-appellant, cross appellee.

Thompson, Knight, Simmons & Bullion, Gregory S. C. Huffman, Christopher W. Byrd, Dallas, Tex., for plaintiff-appellee, cross appellant.

Before WISDOM, COLEMAN and RANDALL, Circuit Judges.

COLEMAN, Circuit Judge.

This is a lawsuit in which a bottle manufacturer and the manufacturer of a product sold in bottles fell out over their contract for the sale and purchase of bottles, with the result that a resolution of the controversy has fallen upon the Courts.

In October, 1974, the Miller Brewing Company (hereafter MBC) sent the Glass Container Corporation (hereafter GCC) its Purchase Order Number 71689, for 2,500,000 cases of bottles, to be manufactured...

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