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NOEL TRANS. & PKG. DEL. SERV., INC. v. GENERAL MOTORS CORP.

No. 3-71-Civ.-120.

341 F.Supp. 968 (1972)

NOEL TRANSFER & PACKAGE DELIVERY SERVICE, INC., Plaintiff, v. GENERAL MOTORS CORPORATION, a Delaware Corporation, Defendant.

United States District Court, D. Minnesota, Third Division.

May 10, 1972.

Attorney(s) appearing for the Case

Kelly & Finley, James F. Finley, St. Paul, Minn., for plaintiff.

Haverstock, Gray, Plant, Mooty & Anderson, Richard A. Bowman, Minneapolis, Minn., for defendant.

MEMORANDUM AND ORDER

DEVITT, Chief Judge.

Three issues are raised by defendant's motion for summary judgment filed under Rule 56 of the Federal Rules of Civil Procedure. These issues are: (1) Whether plaintiff's claims are barred by the statute of limitations; (2) Whether plaintiff's causes of action predicated upon breach of express and implied warranty as well as those based upon defendant's negligence are precluded by the disclaimer contained in the new...

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