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

Civ. No. 32942.

358 F.Supp. 467 (1973)

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.

March 14, 1973.

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).

ORDER OF JUDGMENT FOR DEFENDANT

KAESS, Chief Judge.

This is a civil action for damages. Plaintiff has claimed fraud, breach of express warranties, breach of implied warranties, and negligence. Jurisdiction is based on diversity of citizenship. 28 U.S.C. § 1332.

After plaintiff had completed the presentation of its evidence, the defendant moved for a dismissal, on the grounds that, upon the facts and the law, plaintiff had shown no right to relief...

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