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CONLON v. REPUBLIC AVIATION CORPORATION

204 F.Supp. 865 (1960)

Delton H. CONLON, Plaintiff, v. REPUBLIC AVIATION CORPORATION, Defendant.

United States District Court S. D. New York.

March 29, 1960.

Attorney(s) appearing for the Case

Speiser, Quinn & O'Brien, New York City, for plaintiff. Robert A. Dwyer, New York City, of counsel.

Mendes & Mount, New York City, for defendant. Kenneth R. Thompson, George W. Clark, New York City, of counsel.

LEVET, District Judge.

The defendant, Republic Aviation Corporation (hereinafter designated as "Republic"), has moved pursuant to Rule 12(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A. for an order dismissing the second alleged cause of action in the complaint for the failure to state a claim upon which relief can be granted. The question involved is whether this claim, which is predicated upon the breach of an implied warranty of quality and fitness, must...

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