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CITY OF KINGSPORT, TENNESSEE v. SCM CORPORATION

Civ. A. No. 2639.

352 F.Supp. 286 (1971)

CITY OF KINGSPORT, TENNESSEE, et al., Plaintiffs, v. SCM CORPORATION et al., Defendants.

United States District Court, E. D. Tennessee, Northeastern Division.

September 2, 1971.

Attorney(s) appearing for the Case

W. E. Weber, City Atty., H. E. Wilson, and Joe Worley, Kingsport, Tenn., for plaintiffs.

F. Allan Kelly, Kingsport, Tenn., Arthur G. Seymour, Knoxville, Tenn., John Peters, Cleveland, Ohio, M. Lacy West, Kingsport, Tenn., Christopher Christopher, Worcester, Mass., for defendants.

MEMORANDUM OPINION AND ORDER

NEESE, District Judge.

This is a removed diversity action, 28 U.S.C. §§ 1441(a), 1332(a)(1), (c), in which a municipal corporation and two private corporations claim damages for pecuniary loss arising from breaches of contract, expressed and implied warranties, and material misrepresentations relating to a defective product utilized in the construction of a school building. The defendants have moved for a dismissal...

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