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MITCHELL PALLET & LUMBER CO. v. KOCKUM INDUSTRIES, INC.

No. 71 C 214(4).

340 F.Supp. 389 (1972)

MITCHELL PALLET AND LUMBER COMPANY, Plaintiff, v. KOCKUM INDUSTRIES, INC., a Corporation d/b/a Soderhamn Machine Mfg. Co., Defendant.

United States District Court, E. D. Missouri, E. D.

March 9, 1972.

Attorney(s) appearing for the Case

Blumenfeld, Kalishman, Marx & Tureen, St. Louis, Mo., for plaintiff.

Cook, Murphy, Lance & Mayer, St. Louis, Mo., Balch, Bingham, Baker, Hawthorne & Williams, Birmingham, Ala., for defendant.

MEMORANDUM

WANGELIN, District Judge.

Plaintiff instituted this action by filing a complaint in two counts: Count I for false representations and Count II for breach of warranty of fitness for use arising out of plaintiff's purchase from defendant of a "chipper" for use in the wood working industry. The cause was tried to the Court without a jury. At the close of plaintiff's case, the Court granted defendant's motion for judgment in its favor, plaintiff having...

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