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U. S. FIBRES, INC. v. PROCTOR & SCHWARTZ, INC.

Civ. No. 32942.

358 F.Supp. 449 (1972)

U. S. FIBRES, INC., a Michigan corporation, Plaintiff, v. PROCTOR & SCHWARTZ, INC., a Pennsylvania corporation, Defendant and Third-Party Plaintiff, and U. S. EQUIPMENT CO., a Michigan corporation, Third-Party Defendant.

United States District Court, E. D. Michigan, S. D.

December 1, 1972.

Attorney(s) appearing for the Case

William Merrill, Detroit, Mich., for plaintiff (U. S. Fibres, Inc.) and third-party defendant (U. S. Equipment Co.).

Neill T. Peters, Frederick R. Damm, Detroit, Mich., Charles N. Sellick, Philadelphia, Pa., for defendant and third-party plaintiff (Proctor & Schwartz.

OPINION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR INVOLUNTARY DISMISSAL

KAESS, Chief Judge.

This is a civil action for damages, claiming fraud, breach of express warranties, breach of implied warranty of merchantability, breach of implied warranty of fitness for a particular purpose, and negligence. Jurisdiction is based on diversity of citizenship under 28 U.S.C. § 1332.

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