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CMI CORP. v. LEEMAR STEEL CO., INC.

No. 82-1538.

733 F.2d 1410 (1984)

CMI CORPORATION, an Oklahoma corporation, Plaintiff-Appellee, v. LEEMAR STEEL CO., INC., an Ohio corporation, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

May 11, 1984.

Attorney(s) appearing for the Case

Lisa Rabin McKenzie, Oklahoma City, Okl. (Kenneth I. Jones, Jr., Oklahoma City, Okl., with her on briefs) of Eagleton, Nicholson, Jones & Blaney, Oklahoma City, Okl., Attys., for defendant-appellant.

Rhonda Reynolds, Oklahoma City, Okl. (G. David Bryant and Thomas G. Blakley, Oklahoma City, Okl., with her on brief) of Linn & Helms, Oklahoma City, Okl., for plaintiff-appellee.

Before BARRETT, DOYLE and SEYMOUR, Circuit Judges.

BARRETT, Circuit Judge.

Leemar Steel Company (Leemar) appeals from a final judgment entered in favor of CMI Corporation (CMI) after trial to the court. CMI initiated this action seeking cancellation of a contract with Leemar and the return of money it had paid Leemar pursuant to the contract.

During the latter part of 1980, Leemar, an Ohio corporation, "went after" all the oil pump manufacturers to sell them its counterweight material. Daniel Malik, a Leemar...

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