ARBUCKLE BROADCASTERS v. SYSTEMS MARKETING

No. 79-1107.

642 F.2d 402 (1981)

ARBUCKLE BROADCASTERS, INC., Plaintiff-Appellant, v. SYSTEMS MARKETING CORP., and Sono-Mag Corp., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided March 9, 1981.


Attorney(s) appearing for the Case

Tom E. Smith of Smith & Dent, P.C., Poteau, Okl., for plaintiff-appellant.

Woodrow George of George & Roberts, Ardmore, Okl., for defendants-appellees.

Before DOYLE, McKAY and LOGAN, Circuit Judges.


McKAY, Circuit Judge.

This is a diversity action brought in Oklahoma by a buyer of sophisticated radio equipment against the seller for breach of express and implied warranties. The buyer appeals from the district court's grant of the seller's motion for summary judgment and denial of the buyer's.

The financing agreement in this sales transaction included buyer's down payment in advance of installation. From the time of installation, the equipment failed to...

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