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FARGO MACH. & TOOL CO. v. KEARNEY & TRECKER CORP.

Civ. Nos. 39836 and 4-70185.

428 F.Supp. 364 (1977)

FARGO MACHINE & TOOL COMPANY, a Michigan Corporation, Plaintiff, v. KEARNEY & TRECKER CORPORATION, a Wisconsin Corporation, Defendant, v. ALLEN-BRADLEY COMPANY, a Wisconsin Corporation, Third-Party Defendant. KEARNEY & TRECKER CORPORATION, a Wisconsin Corporation, Plaintiff, v. FARGO MACHINE & TOOL COMPANY, a Michigan Corporation, Defendant, v. ALLEN-BRADLEY COMPANY, a Wisconsin Corporation, Third-Party Defendant.

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

February 7, 1977.

Attorney(s) appearing for the Case

George H. Goldstone, Clyde B. Pritchard, Southfield, Mich., for plaintiff.

H. G. Sparrow, III, Detroit, Mich., Malcolm D. Young, Omaha, Neb., Robert V. Seymour, Detroit, Mich., for defendant.

OPINION

GUY, District Judge.

These consolidated contract cases arise from a dispute over payment of the remaining balance due on a sophisticated piece of automated industrial equipment used for machining metal. Fargo Machine & Tool Company, the purchaser, is a machine shop in Michigan and Kearney & Trecker Corporation, the seller, is a Wisconsin corporation which manufactures industrial machines. Allen-Bradley, also a Wisconsin corporation, and third...

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