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FRANK R. FORD CO. v. EASTERN SMELTING & REFINING

No. 81-1945.

678 F.2d 483 (1982)

FRANK R. FORD CO., INC., Appellee, v. EASTERN SMELTING & REFINING CORP., Appellant.

United States Court of Appeals, Fourth Circuit.

Decided May 13, 1982.

Attorney(s) appearing for the Case

B. Thomas Reed, Norfolk, Va. (William M. Harris, Norfolk, Va., and Chris Drucas, Salem, Mass., on brief), for appellant.

Henry L. Sadler, III, Norfolk, Va., for appellee.

Before RUSSELL and PHILLIPS, Circuit Judges, and ROBERT D. POTTER, United States District Judge for the Western District of North Carolina, sitting by designation.

POTTER, District Judge.

The silver market was extremely volatile between December, 1979 and March, 1980. It was just prior to this time period that the Appellee, Ford, contracted with the Appellant, Eastern, to refine its scrap silver into fine silver and to await instructions from Ford as to further disposition. Eastern followed Ford's instructions, but its delay in performance was held by the district court to constitute a breach of contract. We find no error in...

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