Authorized Supply Company of Arizona, a Corporation v. Swift & Company, a Corporation Arizona York Refrigeration Company, a Corporation, and Southern Arizona York Refrigeration Company, a Corporation, Arizona York Refrigeration Company, a Corporation and Southern Arizona York Refrigeration Company, a Corporation v. Swift & Company, a Corporation

277 F.2d 710 AUTHORIZED SUPPLY COMPANY OF ARIZONA, a corporation, Appellant, v. SWIFT & COMPANY, a corporation; Arizona York Refrigeration Company, a corporation, and Southern Arizona York Refrigeration Company, a corporation, Appellees. ARIZONA YORK REFRIGERATION COMPANY, a corporation and Southern Arizona York Refrigeration Company, a corporation, Appellants, v. SWIFT & COMPANY, a corporation, Appellee. No. 16274. United States Court of Appeals Ninth Circuit. April 21, 1960. Rehearing Denied June 16, 1960. May, Lesher & Dees, Tucson, Ariz., for Authorized Supply Co. Darnell, Holesapple, McFall & Spaid, Tucson, Ariz., for Arizona York Refrig. Co. Boyle, Bilby, Thompson & Shoenhair, Richard B. Evans, B. G. Thompson, Jr., Tucson, Ariz., for appellee. Before ORR, POPE and JERTBERG, Circuit Judges. PER CURIAM. 1 We granted appellee Swift & Company's petition for rehearing in order to consider such appellee's contention that our decision reported in 271 F.2d 242 sanctions partial rescission of an indivisible, non-severable contract for the sale of goods. 2 Our conclusions in that opinion were predicated on the following statement which appears on page 244: 3…