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CANISTER CO. v. NATIONAL CAN CORPORATION

Civil Actions Nos. 309 and 365.

71 F.Supp. 49 (1946)

CANISTER CO. v. NATIONAL CAN CORPORATION. CANISTER CO., Inc., v. SAME.

District Court, D. Delaware.

July 12, 1946.

Attorney(s) appearing for the Case

Stuart N. Updike, J. Howard Carter, and John R. Schoemer, Jr. (of Townley, Updike & Carter), all of New York City, and Hering, Morris, James & Hitchens, of Wilmington, Del., for plaintiffs.

William S. Potter and Daniel F. Wolcott (of Southerland, Berl & Potter), all of Wilmington, Del., for defendant.

LEAHY, District Judge.

This is an action for breach of contract. Pursuant to order of the court, separate issues were tried, i. e., (a) was there a contract, and (b) if there was a contract, did it violate the statute of frauds? Both issues were resolved in favor of plaintiff. See D.C., 3 F.R.D. 279 and D.C., 63 F.Supp. 361. Plaintiff objected to finding of fact No. 22 and conclusion of law No. 1, arguing that the terminal date...

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