LEIBELL, District Judge.
On April 12, 1946 the plaintiff herein, John Minder & Son, Inc., served an amended complaint upon the defendant, L. D. Schreiber Company, Inc., setting forth two claims, one based upon breach of warranty and the other on negligence, in a transaction involving the sale by the defendant to the plaintiff of 18,000 dozen large processed eggs. In its answer to the amended complaint, filed April 30, 1946 and amended May 22, 1946, the defendant...
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