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AMERICAN HOECHST CORP. v. BANDY LABORATORIES, INC.

Civ. A. No. 17352-2.

332 F.Supp. 241 (1970)

AMERICAN HOECHST CORPORATION, Plaintiff, v. BANDY LABORATORIES, INC., Defendant, and Bi-Vet Laboratories, Inc., Defendant.

United States District Court, W. D. Missouri, W. D.

January 28, 1970.

Attorney(s) appearing for the Case

Robert F. Redmond, III, Terrrell, Van Osdol & Magruder, Kansas City, Mo., for plaintiff.

Bob Burleson and Jim D. Bowmer, Bowmer, Courtney & Burleson, Temple, Tex., James C. Logan, Watson, Ess, Marshall & Enggas, Kansas City, Mo., for defendants.

MEMORANDUM OPINION AND ORDER

COLLINSON, District Judge.

Defendants manufacture and sell certain vaccines for animals. Plaintiff was a jobber or wholesaler of some of those vaccines, buying from defendants and selling to the trades. Such products have expiration dates on them, beyond which they cannot be sold. Plaintiff returned outdated products which had not been sold to defendants and demanded a refund, which defendants refused to make. This suit is for...

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