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INTERNATIONAL ENVIR. CORP. v. INTERNATIONAL T. & T. C.

No. CIV-74-140-E.

397 F.Supp. 253 (1975)

INTERNATIONAL ENVIRONMENTAL CORPORATION, a corporation, Plaintiff, v. INTERNATIONAL TELEPHONE AND TELEGRAPH CORPORATION, a corporation, Defendant.

United States District Court, W. D. Oklahoma.

July 16, 1975.

Attorney(s) appearing for the Case

John W. Swinford, of Crowe, Dunlevy, Thweatt, Swinford, Johnson & Burdick, Oklahoma City, Okl., for plaintiff.

Arnold D. Fagin, of Fagin, Hewett, Mathews & Fagin, Oklahoma City, Okl., for defendant.

MEMORANDUM OPINION AND ORDER

EUBANKS, District Judge.

Plaintiff brings this action to recover damages incurred by defendant's breach of an alleged requirements contract. It is undisputed that defendant has placed no purchase order with plaintiff. The source of the conflict between the parties is in the following language of their agreement:

"1. Purchase — ITT agrees to purchase from seller and seller agrees to sell to ITT, as ITT ...

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