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COAST TRADING CO., INC. v. PACIFIC MOLASSES CO.

No. 79-4347.

681 F.2d 1195 (1982)

COAST TRADING CO., INC., Plaintiff-Appellee, v. PACIFIC MOLASSES CO., etc., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submitted March 17, 1981.

Decided July 22, 1982.

Attorney(s) appearing for the Case

Robert C. Shoemaker, Jr., Rex Armstrong, Lindsay, Hart, Neil & Weigler, Portland, Or., for defendant-appellant.

Norman L. Lindstedt, Lindstedt & Buono, Portland, Or., for plaintiff-appellee.

Before ANDERSON and CANBY, Circuit Judges, and CRAIG, District Judge.

J. BLAINE ANDERSON, Circuit Judge:

Pacific Molasses Co., dba Berger & Plate, brought this appeal after the district court vacated the arbitrator's award and granted damages to Coast Trading Co. in their breach of contract action.

I. BACKGROUND

This is a diversity action involving a contract between Coast, the buyer, and Berger & Plate, the seller. Coast was to buy 2200 bags of peas from Berger & Plate, delivery to be made FOB Portland...

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