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TRIO INDUSTRIES, INC. v. JOSEPH E. BENNETT CO.

Civ. A. No. 59-911.

193 F.Supp. 423 (1961)

TRIO INDUSTRIES, INC., Plaintiff, v. JOSEPH E. BENNETT CO., Inc., Defendant.

United States District Court D. Massachusetts.

April 18, 1961.

Attorney(s) appearing for the Case

Donal O'Callaghan, Boston, Mass., for plaintiff.

Harold M. Linsky, Boston, Mass., for defendant.

CAFFREY, District Judge.

This is a diversity action sounding in contract. The plaintiff is a corporation organized under the laws of the State of New York, and maintains a usual place of business in Bridgeport, Connecticut. The defendant is a corporation organized under the laws of the Commonwealth of Massachusetts, and maintains a usual place of business in Brookline, Massachusetts.

Plaintiff's complaint contains two causes of action. The first is based on...

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