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MARSHALL EXPORTS, INC. v. PHILLIPS

Civ. No. 4256.

385 F.Supp. 1250 (1974)

MARSHALL EXPORTS, INC., Plaintiff, v. C. A. PHILLIPS, d/b/a Phillips Hardwood Sales Company, and Takashimaya Company, Ltd., Defendants.

United States District Court, E. D. North Carolina, Raleigh Division.

January 21, 1974.

Attorney(s) appearing for the Case

George B. Mast, Smithfield, N. C., Marvin E. Taylor, Jr., Raleigh, N. C., for plaintiff.

John V. Hunter, III, Raleigh, N. C., for defendant C. A. Phillips.

Larry B. Sitton, Smith, Moore, Smith, Schell & Hunter, Greensboro, N. C., for defendant Takashimaya Co., Ltd.

MEMORANDUM OF DECISION AND ORDER

DUPREE, District Judge.

In this diversity action plaintiff seeks damages for the alleged breach of two contracts entered into between plaintiff, Marshall Exports, Inc., a North Carolina corporation, and defendant, C. A. Phillips, a Mississippi resident, who allegedly was acting for and on behalf of the defendant, Takashimaya Company, Ltd., a Japanese corporation, in executing the contracts for the purchase from the plaintiff...

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