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HAMILTON COPPER & STEEL CORP. v. PRIMARY STEEL, INC.

Nos. 88-5834, 88-6021.

898 F.2d 1428 (1990)

HAMILTON COPPER & STEEL CORPORATION, Plaintiff/counter-defendant/Appellant, v. PRIMARY STEEL, INC., Defendant/counter-claimant/Appellee.

United States Court of Appeals, Ninth Circuit.

Decided March 23, 1990.

Attorney(s) appearing for the Case

Robert E. Hinerfeld, Manatt, Phelps, Rothenberg & Phillips, Los Angeles, Cal., for plaintiff/counter-defendant/appellant.

John J. Lyons, Latham & Watkins, Los Angeles, Cal., for defendant/counter-claimant/appellee.

Before NORRIS, REINHARDT and TROTT, Circuit Judges.

WILLIAM A. NORRIS, Circuit Judge:

Background

Appellant Hamilton Copper & Steel Corp. ("Hamilton"), a steel pipe importer, alleged that Primary Steel, Inc. ("Primary"), a steel pipe wholesaler, breached its "contract" by failing to pay for steel pipe that was sold and delivered to Primary. The district court held a bifurcated trial in which the first issue presented to the jury was whether the documents...

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