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ICI AUSTRALIA LTD. v. ELLIOTT OVERSEAS CO.

Civ. A. No. 81-270.

551 F.Supp. 265 (1982)

ICI AUSTRALIA LIMITED, Plaintiff, v. ELLIOTT OVERSEAS CO., et al., Defendants.

United States District Court, D. New Jersey.

October 28, 1982.

Attorney(s) appearing for the Case

Archer, Greiner & Read, P.C., Haddonfield, N.J., Drinker, Biddle & Reath by Patrick T. Ryan, James C. Ingram, Philadelphia, Pa., for plaintiff.

Budd, Larner, Kent, Gross, Picillo & Rosenbaum, P.C. by Samuel A. Larner, Gordon L. Kent, Newark, N.J., for defendant Elliott.

Morgan, Melhuish, Monaghan & Spielvogel by Richard E. Arvidson, Livingston, N.J., for defendant Midland-Ross.

OPINION

CLARKSON S. FISHER, Chief Judge.

This is an action brought by ICI Australia Limited (ICI) to recover losses resulting from the alleged failure of a Waldron 2HSM coupling in the plaintiff's plant on January 30, 1979. Defendant Elliott Overseas Co. (Elliott), which supplied ICI with the allegedly defective part, has moved for summary judgment on the grounds that (1) plaintiff's claim is barred by the applicable statute of limitations; and (2) plaintiff...

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