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LAWRENCE PAPER CO. v. ROSEN & CO., INC.

No. 90-3790.

939 F.2d 376 (1991)

LAWRENCE PAPER COMPANY; American Corrugated Machine Corporation, Plaintiffs-Appellants, v. ROSEN & COMPANY, INC.; Ameritrust Company, N.A.; Alpine Corrugated Machine, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided July 22, 1991.

Attorney(s) appearing for the Case

Kelly Dowling Stimpson, Frank J. Cumberland, Kaufman, Cumberland & Zamore, Cleveland, Ohio, Allan R. Purvis, Todd W. Ruskamp, and Barkley Clark (argued), Shook, Hardy & Bacon, Kansas City, Mo., for plaintiffs-appellants.

M. David Smith, Law Offices of David O. Smith, Lisa M. Gerlack (argued), Friedman, Domiano & Smith, Cleveland, Ohio, Richard E. Kleinman (argued), Chagrin Falls, Ohio, and David O. Simon (argued), Law Offices of David O. Smith, Cleveland, Ohio, for defendants-appellees.

Before KEITH and BOGGS, Circuit Judges, and BERTELSMAN, District Judge.

BERTELSMAN, District Judge:

This is an appeal from the granting of summary judgment for the defendants by the district court. The dispute arises out of an auction of certain manufacturing equipment used in making corrugated cardboard boxes. The facts are virtually undisputed and were succinctly stated as follows by the trial court in its memorandum opinion granting the summary judgment.

"The following material facts are not in dispute. "Defendant...

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