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EASTERN REFRACTORIES v. FORTY EIGHT INSULATIONS

No. 86 Civ. 1585 (WCC).

658 F.Supp. 197 (1987)

EASTERN REFRACTORIES COMPANY, INC., Plaintiff, v. FORTY EIGHT INSULATIONS, INC., Fibrex, Inc., Minnesota Mining and Manufacturing Company and Aycock, Inc., Defendants.

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

April 13, 1987.

Attorney(s) appearing for the Case

Parker Chapin Flattau & Klimpl, New York City (Martin G. Bunin, of counsel), Degonge, Garrity & Fitzpatrick, Bloomfield, N.J., for plaintiff.

McDermott, Will & Emery, Chicago, Ill. (James E. Betke, of counsel), MacCartney & MacCartney, Nyack, N.Y. (Harold MacCartney, of counsel), Burke and Smith Chartered, Chicago, Ill. (Ellen G. Robinson, of counsel), for defendant Fibrex, Inc.

Cowan, Liebowitz & Latman, P.C., New York City, for defendant Minnesota Mining and Mfg. Co.; Michael F. Maschio, Elliot M. Schachner, of counsel.

Belair Klein Groman & Evans, New York City, for defendant Aycock, Inc.; Paul I. Klein, of counsel.

OPINION AND ORDER

WILLIAM C. CONNER, District Judge.

Defendant Minnesota Mining and Manufacturing Company ("3M") has moved pursuant to Rule 12, Fed.R.Civ.P., for an order dismissing the complaint of plaintiff Eastern Refractories Company, Inc. For the reasons outlined below, defendant's motion to dismiss is granted with respect to plaintiff's claim for breach of warranty, but is denied with respect to the remaining four claims.

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