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LOMBARD CORPORATION v. QUALITY ALUMINUM PROD. CO.

No. 13450.

261 F.2d 336 (1958)

LOMBARD CORPORATION, Appellant, v. QUALITY ALUMINUM PRODUCTS CO., Appellee.

United States Court of Appeals Sixth Circuit.

December 8, 1958.

Attorney(s) appearing for the Case

Franklin B. Powers, Youngstown, Ohio (Donald J. Libert, of Manchester, Bennett, Powers & Ullman, Youngstown, Ohio, on the brief), for appellant.

Frank H. Feingold, Max A. Samolar, of Persky & Loeb, Cleveland, Ohio, for appellee.

Before ALLEN, Chief Judge, and SIMONS and MILLER, Circuit Judges.

ALLEN, Chief Judge.

This appeal seeks reversal of a judgment of the District Court finding that defendant,1 who sold to plaintiff an aluminum extrusion press, had breached the implied warranty of fitness under 1315.16(F), O.R.C., and awarding damages therefor.

The material facts are not in dispute and are as follows:

Defendant, a designer and builder of heavy equipment, in 1953...

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