FINDINGS OF FACT AND CONCLUSIONS OF LAW
CONTI, District Judge.
This case came on for trial without jury before Judge Samuel Conti on February 8, 9, 10, and 11, 1993. Appearing for plaintiff FMC, Inc. were Raymond P. Niro, Robert A. Vitale, and Raymond P. Niro, Jr. of Niro, Scavone, Haller & Niro, and Martin L. Fineman of Brobeck, Phleger, & Harrison. Appearing for defendant Up-Right, Inc. were
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