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DART INDUSTRIES, INC. v. ADELL PLASTICS, INC.

No. EV 79-17-C.

517 F.Supp. 9 (1980)

DART INDUSTRIES, INC., Plaintiff, v. ADELL PLASTICS, INC., Defendant and Third Party Plaintiff, v. VISTRON CORPORATION, Third Party Defendant.

United States District Court, S. D. Indiana, Evansville Division.

October 31, 1980.

Attorney(s) appearing for the Case

Ronald E. Elberger, Indianapolis, Ind., Frank A. Shepherd, Miami, Fla., for plaintiff.

William E. Spatham, Stephen H. Thomas, Gaylon Clark, Evansville, Ind., for defendant and third party plaintiff.

Robert H. Hahn, Evansville, Ind., for third party defendant.

MEMORANDUM ENTRY

BROOKS, District Judge.

The allegations of the amended complaint state that in April of 1974 Plaintiff, a Delaware Corporation, placed an order with Defendant, an Indiana Corporation, for the purchase of a certain quantity of a plastic pellet material. Plaintiff used this plastic material to produce a product which was sold to Safe-T-Lawn, Inc. Safe-T-Lawn, Inc., had problems with this product and brought suit against Plaintiff in October...

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