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S & R METALS, INC. v. C. ITOH & CO. (AMERICA)

No. 87-5548.

859 F.2d 814 (1988)

S & R METALS, INC., Plaintiff-Appellee, v. C. ITOH & CO. (AMERICA), INC., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 21, 1988.

Attorney(s) appearing for the Case

Carlos Solis, Kindel & Anderson, Los Angeles, Cal., for defendant-appellant.

Douglas L. Carden and John C. Gorman, Shapiro, Posell & Close, Los Angeles, Cal., for plaintiff-appellee.

Before HUG, BEEZER and KOZINSKI, Circuit Judges.

HUG, Circuit Judge:

C. Itoh & Co. (America), Inc. ("C. Itoh") appeals the judgment of the district court in favor of the plaintiff S & R Metals, Inc. ("S & R"). The district court held that S & R is entitled to revoke its acceptance of steel delivered under contract by C. Itoh. The court determined that S & R may return that steel to C. Itoh and C. Itoh is liable for damages, interest, and costs in the aggregate amount of $1,646,969.

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