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FRALIN v. AMERICAN CYANAMID COMPANY

Civ. A. No. 64-C-102-R.

239 F.Supp. 178 (1965)

J. H. FRALIN et al., partners doing business under the name of J. H. Fralin and Son, v. AMERICAN CYANAMID COMPANY.

United States District Court W. D. Virginia, Roanoke Division.

March 15, 1965.

Attorney(s) appearing for the Case

A. Linwood Holton, Jr., Eggleston, Holton, Butler & Glenn, Roanoke, Va., for J. H. Fralin and another.

John H. Locke, Gentry, Locke & Rakes, Roanoke, Va., for American Cyanamid.

DALTON, Chief Judge.

This action is brought to test the validity of a Service Agreement entered into by Plaintiff, a large general building contractor, and Defendant, an explosives manufacturer. The agreement provides:

"WHEREAS, the undersigned customer may hereafter, from time to time, request certain assistance of American Cyanamid Company in connection with the performance of certain blasting work; and "WHEREAS, the American Cyanamid Company...

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