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OSMOSE WOOD PRESERV. CO. v. OSMOSE WOOD PRESERV. CO.

Civil Action No. 1481.

74 F.Supp. 435 (1947)

OSMOSE WOOD PRESERVING CO. OF CANADA, Limited, v. OSMOSE WOOD PRESERVING CO. OF AMERICA, Inc.

District Court, W. D. New York.

On Rehearing November 14, 1947.

Attorney(s) appearing for the Case

Charles W. Parker and Max D. Farmer, both of Buffalo, N. Y. (Albert R. Henry, of Buffalo, N. Y., of counsel), for plaintiff.

Bean, Brooks, Buckley & Bean, Michael M. Cohn, Edwin T. Bean, and Malcolm K. Buckley, all of Buffalo, N. Y., for defendant.

KNIGHT, District Judge.

The plaintiff is a Canadian corporation; the defendant, a New York corporation. This suit is brought for the specific performance of, and an accounting under, an agreement entered into between the parties at Montreal, Quebec, on February 26, 1940. The defendant denies liability and counterclaims alleging non-performance by the plaintiff. The parties are, and for several years antedating the making of such agreement have been, engaged in the...

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