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ANCHOR FISH CORP. v. TORRY HARRIS, INC.

No. 78, Docket 96-9524.

135 F.3d 856 (1998)

ANCHOR FISH CORP., a New York Corporation, Plaintiff-Appellee, v. TORRY HARRIS, INC., a New Jersey Corporation, Defendant-Appellant, and Torry Harris Foods Pvt, Ltd., a foreign corporation, Defendant.

United States Court of Appeals, Second Circuit.

Decided February 3, 1998.

Attorney(s) appearing for the Case

Richard A. Dubi, Mitchel Field, NY, for plaintiff-appellee.

Russell K. Statman, New York City, for defendant-appellant.

Before WINTER, Chief Judge, NEWMAN, Circuit Judge, and CEDARBAUM, District Judge.

CEDARBAUM, District Judge:

This is an action for breach of contract that arises from the shipment by Torry Harris, Inc. to Anchor Fish Corp. of 36,000 pounds of frozen squid.

Prior to the disputed shipment, the parties had established a course of dealing by which Torry Harris sold frozen Loligo squid to Anchor Fish. On August 4, 1994, Anchor Fish received the disputed shipment. There was testimony that approximately two and one-half weeks later, Anchor Fish...

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