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AUTREY v. CHEMTRUST INDUSTRIES CORPORATION

Civ. A. Nos. 3949, 3979, 3955 and 3977.

362 F.Supp. 1085 (1973)

H. E. AUTREY et al., Plaintiffs, v. CHEMTRUST INDUSTRIES CORPORATION, a corporation of the State of Delaware, Defendant. George HEANEY et al., Plaintiffs, v. CHEMTRUST INDUSTRIES CORPORATION, a Delaware corporation, Defendant. LEE CHEMICALS, INC., a corporation of the State of South Carolina, Plaintiff, v. CHEMTRUST INDUSTRIES CORPORATION, a corporation of the State of Delaware, Defendant. ASSOCIATED CHEMICAL DIVISION, SOUTHERN AGGREGATE PLACING & WELDING, INC., a Florida corporation, Plaintiff, v. CHEMTRUST INDUSTRIES CORPORATION, a Delaware corporation, Defendant.

United States District Court, D. Delaware.

August 1, 1973.

Attorney(s) appearing for the Case

Richard I. G. Jones and Robert W. Ralston, of Prickett, Ward, Burt & Sanders, Wilmington, Del. and Milam, Martin & Ade, Jacksonville, Fla., of counsel, for plaintiffs.

Frank O'Donnell and Richard Franta, of O'Donnell, Hughes & Lowicki, Wilmington, Del., and Joseph G. Manta, of La Brum & Doak, Philadelphia, Pa., of counsel, for defendant.

OPINION

LATCHUM, District Judge.

The matter presently before the Court is defendant's motions for summary judgment in Civil Actions 3949, 3955 and 3977, and for partial summary judgment in Civil Action 3979.

The plaintiffs, in these four diversity actions, consolidated for the purpose of the present motions, charge the defendant, Chemtrust Industries Corporation ("Chemtrust"), with breach of warranty and fraudulent misrepresentation in regard to...

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