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CREDIT ALLIANCE CORP. v. DAVID O. CRUMP SAND & FILL

No. 78 Civ. 535 (CHT).

470 F.Supp. 489 (1979)

CREDIT ALLIANCE CORPORATION, Plaintiff, v. DAVID O. CRUMP SAND & FILL CO., David O. Crump and Dennis Nuckols, Defendants and Third-Party Plaintiffs, v. SEMCO SERVICES COMPANY, INC. and Bubba Lee, Third-Party Defendants.

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

April 23, 1979.

Attorney(s) appearing for the Case

Sol D. Bromberg, New York City, for Credit Alliance Corp.

Lynton, Klein, Rosenberg, Opton & Handler, New York City, for David O. Crump Sand & Fill Co., David O. Crump and Dennis Nuckols; Herbert Feiler, Paul M. Godlin, New York City, of counsel.

OPINION

TENNEY, District Judge.

In this diversity action, Credit Alliance Corporation ("Credit"), assignee of a contract for the sale of dump trucks, sues David O. Crump Sand & Fill Co. ("Sand & Fill"), buyer of those trucks, and David O. Crump and Dennis Nuckols, guarantors of the contract, for the difference between the amount due on the contract and the amount realized by Credit at a public sale of those trucks. In the defendants' answer, Sand...

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