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RALPH SHRADER, INC. v. DIAMOND INTERN. CORP.

No. 86-1987.

833 F.2d 1210 (1987)

RALPH SHRADER, INC., a Michigan corporation, Plaintiff-Appellant, v. DIAMOND INTERNATIONAL CORPORATION, a Delaware corporation, and American Can Company, a New Jersey corporation, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided November 24, 1987.

Rehearing and Rehearing Denied January 14, 1988.

Attorney(s) appearing for the Case

John C. Patrick, Southfield, Mich., Michael G. Vartanian, Ryan Husaynu, argued, Michael F. Schmidt, Detroit, Mich., for defendants-appellees.

James W. Batchelor, Grand Rapids, Mich., for plaintiff-appellant.

Before KEITH, MILBURN, and NORRIS, Circuit Judges.

Rehearing and Rehearing En Banc Denied January 14, 1988.

MILBURN, Circuit Judge.

Plaintiff-appellant Ralph Shrader, Inc. ("Shrader") appeals the district court's grant of summary judgment in favor of defendant-appellee American Can Company ("American") in a Michigan diversity action for damages arising out of breach of contract. For the reasons that follow, we reverse and remand the case to the district court.

I.

Plaintiff Shrader is the...

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