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SHERKATE SAHAMI KHASS RAPOL v. HENRY R. JAHN & SON

No. 76 Civ. 4919 (IBC).

531 F.Supp. 1048 (1982)

SHERKATE SAHAMI KHASS RAPOL (RAPOL CONSTRUCTION CO.), Plaintiff, v. HENRY R. JAHN & SON, INC., Defendant. HENRY R. JAHN & SON, INC., Defendant and Third-Party Plaintiff, v. LUFKIN INDUSTRIES, INC., Third-Party Defendant.

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

February 4, 1982.

Attorney(s) appearing for the Case

Hill, Rivkins, Carey, Loesberg & O'Brien, New York City, for plaintiff; Caspar F. Ewig, New York City, of counsel.

Frederick H. Block, New York City, for defendant and third-party plaintiff.

Rogers, Hoge & Hills, New York City, for third-party defendant; Frank H. Gordon, James N. Blair, Ted G. Semaya, New York City, of counsel and on the brief.

OPINION

IRVING BEN COOPER, District Judge.

Introduction

Plaintiff Rapol Construction Corp. (Rapol), an Iranian corporation, brings this action against defendant Henry R. Jahn & Son, Inc. (Jahn), a New York corporation, under the New York Uniform Commercial Code and common law fraud provisions.1 The gravamen of the complaint is that Jahn failed to ship the goods which Rapol ordered. For its part, Jahn denied...

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