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UNEXCELLED CHEMICAL CORP. v. DRAKE MFG. CO.

Civ. A. No. 334-55.

149 F.Supp. 484 (1957)

UNEXCELLED CHEMICAL CORPORATION, Plaintiff, v. DRAKE MANUFACTURING COMPANY, Defendant.

United States District Court D. New Jersey.

March 8, 1957.

Attorney(s) appearing for the Case

Carpenter, Bennett, Beggans & Morrissey, Jersey City, N. J., by Milton A. Dauber, Jersey City, N. J., for plaintiff.

Samuel A. Wiener, Paterson, N. J., for defendant.

WORTENDYKE, District Judge.

In this diversity action plaintiff seeks damages for defendant's alleged breach of its agreement to deliver to the plaintiff certain prescribed minimum quantities of bomb parachute opening delay bodies1 during the months of September, November and December, 1953. Defendant, admitting the charged breaches of its contract with the plaintiff, asserts that its failure to make delivery according to the contract schedule...

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