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PACIFIC PORTLAND CEMENT CO. v. WESTVACO CHLOR. PR. CORP.

No. 26934.

77 F.Supp. 406 (1948)

PACIFIC PORTLAND CEMENT CO. v. WESTVACO CHLORINE PRODUCTS CORPORATION.

District Court, N. D. California, S. D.

May 3, 1948.

Attorney(s) appearing for the Case

Pillsbury, Madison & Sutro, Eugene D. Bennett, Maurice D. L. Fuller and Wallace L. Kaapcke, all of San Francisco, Cal., for plaintiff.

Tadini Bacigalupi, Claude N. Rosenberg, and Bacigalupi, Elkus & Salinger, all of San Francisco, Cal., for defendant.

ROCHE, District Judge.

In this action for declaratory relief the court is asked to construe a certain contract for the sale of gypsum, with particular reference to Paragraphs (3), (5) and (6) thereof. Since Paragraph (6)1, which contains the so-called "escalator price provision," presents the major disagreement, the court will devote the greater part of this discussion to that section of the contract.

The basic controversy between...

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