MEMORANDUM OPINION AND ORDER
SHADUR, District Judge.
Consolidated Freightways Corporation ("Consolidated") has charged Niedert Terminals, Inc. ("Niedert") with breach of warranty and fraudulent misrepresentation in connection with Niedert's sale of a trucking terminal to Consolidated. Each party has filed a Fed.R.Civ.P. ("Rule") 56 summary judgment motion: Consolidated as to the breach of warranty counts and Niedert as to all counts. For the reasons stated...
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