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THERMO KING CORP. v. STRICK CORP.

Civ. A. No. 77-1332.

467 F.Supp. 75 (1979)

THERMO KING CORPORATION, a corporation, Plaintiff, v. STRICK CORPORATION, a corporation, Defendant.

United States District Court, W. D. Pennsylvania.

March 19, 1979.

Attorney(s) appearing for the Case

Robert W. Murdoch, Jones, Gregg, Creehan & Gerace, Pittsburgh, Pa., for plaintiff.

Thomas R. Wright, Pittsburgh, Pa., for defendant.

AMENDED MEMORANDUM

COHILL, District Judge.

Plaintiff, Thermo King Corporation ("Thermo King"), brought a diversity action against defendant, Strick Corporation ("Strick"), to recover $15,000 that Strick had deducted from the purchase price of goods Thermo King sold to Strick in early 1974. In its answer, Strick admitted all factual allegations of the complaint but asserted a $15,000 indemnity counterclaim against Thermo King arising from an unrelated, separate...

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