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INVACARE CORP. v. JOHN NAGELDINGER & SON, INC.

No. CV 82-3234.

576 F.Supp. 1542 (1984)

INVACARE CORP., Plaintiff, v. JOHN NAGELDINGER & SON, INC., Defendant.

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

January 5, 1984.

Attorney(s) appearing for the Case

Choate, Moore, Hahn & McGarry, James McGarry, Harold A. Meriam, III, New York City, for plaintiff.

Somer & Wand, P.C., Carl F. Wand, Commack, N.Y., for defendant.

MEMORANDUM AND ORDER

PLATT, District Judge.

This is a diversity action for an alleged breach of contract. Plaintiff, Invacare Corporation, which manufactures and sells medical goods, is an Ohio corporation with its principal place of business in Elyria, Ohio, and defendant, John Nageldinger & Son, Inc., is a New York corporation. The complaint alleges that, pursuant to contract, plaintiff shipped and defendant received and accepted goods for which defendant...

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