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JENO'S, INC. v. TUPMAN THURLOW COMPANY

No. 5-71 Civ. 95.

349 F.Supp. 1185 (1972)

JENO'S, INC., Plaintiff, v. The TUPMAN THURLOW COMPANY, Defendant.

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

October 30, 1972.

Attorney(s) appearing for the Case

Hammer, Halverson, Watters & Bye, by Donald L. Bye, Duluth, Minn., for plaintiff.

Fryberger, Buchanan, Smith, Sanford, Frederick, by John T. Oswald, Duluth, Minn., for defendant.

NEVILLE, District Judge.

Plaintiff has instituted a breach of contract suit against defendant alleging that in several respects of purchase of bulk Indian shrimp did not conform to various warranties. Count V of the complaint further purports to allege negligence in selecting, sampling and approval of the merchandise and asserts the rule of strict liability in tort. There is diversity of citizenship and the amount involved clearly exceeds $10,000. The question raised...

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