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DUBIED MACHINERY CO. v. VERMONT KNITTING CO., INC.

No. 85 Civ. 8610 (PKL).

739 F.Supp. 867 (1990)

DUBIED MACHINERY COMPANY, Plaintiff, v. VERMONT KNITTING CO., INC., Defendant.

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

June 12, 1990.

Attorney(s) appearing for the Case

Warshaw Burstein Cohen Schlesinger & Kuh, New York City (Martin R. Lee, Jeffrey H. Weinberger, of counsel), for plaintiff.

Lisman & Lisman, Burlington, Vt., (E. William Leckerling, of counsel), Cohen, Shapiro, Polisher, Shiekman and Cohen, Philadelphia, Pa. (Alan M. Lerner, of counsel), Hall, Dickler, Lewler, Kent and Friedman, New York City (Leonard Wagman, of counsel), for defendant.

OPINION AND ORDER

LEISURE, District Judge.

This is an action for breach of a sales contract and for replevin, with jurisdiction of this Court based on diversity of citizenship. Defendant has counterclaimed, alleging breach of warranty, and other counterclaims. Plaintiff has now moved for judgment on the pleadings on the first, third, sixth, and ninth causes of action pursuant to Fed.R.Civ.P. 12(c), or, in the alternative, for summary judgment on those causes...

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