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RYDER TRUCK RENTAL, INC. v. NATIONAL PACKING COMPANY

Nos. 8669, 8670.

380 F.2d 328 (1967)

RYDER TRUCK RENTAL, INC., Appellant, v. NATIONAL PACKING COMPANY, Inc., Appellee. NATIONAL PACKING COMPANY, Inc., Appellant, v. RYDER TRUCK RENTAL, INC., Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied July 27, 1967.

Attorney(s) appearing for the Case

James F. Duncan, Kansas City, Mo. (Robert H. Bingham, Douglas Stripp and Russell W. Baker, Kansas City, Mo., were with him on brief) for Ryder Truck Rental, Inc.

George Schwelger, Jr., Kansas City, Mo. (Edward A. Smith and George M. Winger, Kansas City, Mo., were with him on brief) for National Packing Company, Inc.

Before MURRAH, Chief Judge, LEWIS, Circuit Judge and CHRISTENSEN, District Judge.

Rehearing Denied in No. 8669 July 27, 1967.

MURRAH, Chief Judge.

On remand of this case1 for trial on the issue of damages for breach of the truck lease the jury returned a verdict for Ryder on Count I for rentals due for the period preceding the alleged cancellation of the lease, and on Count II for difference money damages for the refusal of National to purchase the leased fleet of tractor-trailers as it became obligated to do...

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