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RITE FABRICS, INC. v. STAFFORD-HIGGINS CO., INC.

Nos. 68 Civ. 2646, 68 Civ. 4482.

366 F.Supp. 1 (1973)

RITE FABRICS, INC., Plaintiff, v. STAFFORD-HIGGINS CO., INC., Defendant. STAFFORD-HIGGINS INDUSTRIES, INC., Plaintiff, v. GAYTONE FABRICS, INC., Defendant.

United States District Court, S. D. New York.

As Amended October 5, 1973.

Attorney(s) appearing for the Case

Weil, Gotshal & Manges, New York City, for Rite Fabrics, Inc. and Gaytone Fabrics, Inc.; Nathan Cooper, New York City, Paul H. Dawes of counsel.

Otterbourg, Steindler, Houston & Rosen, New York City, for Stafford-Higgins Industries, Inc.; Arthur A. Greenfield, Martin D. Haber, New York City, of counsel.

OPINIONS, FINDINGS OF FACT and CONCLUSIONS OF LAW

LEVET, District Judge.

This action was brought by plaintiff for an amount due on a contract for the sale of fabric which was sold, delivered and then subsequently used by defendant. Defendant has counterclaimed for the amount of damages it has sustained due to an alleged breach of warranty of merchantability and fitness for a particular use. Defendant has also impleaded a third-party defendant which defendant...

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