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FIRST SEC. MORTG. v. GOLDMARK PLASTICS COMPOUNDS

No. CV 91-3958 (ADS).

862 F.Supp. 918 (1994)

FIRST SECURITY MORTGAGE COMPANY, Plaintiff, v. GOLDMARK PLASTICS COMPOUNDS, INC., Defendant.

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

September 20, 1994.

Attorney(s) appearing for the Case

Ray, Quinney & Nebeker, Salt Lake City, UT, (John P. Harrington, Rich P. Hoggard, of counsel), for plaintiff.

Leonard B. Austin, P.C., Huntington Station, NY, (Leonard B. Austin, Andrea Seychett Schear, of counsel), for defendant.

MEMORANDUM DECISION AND ORDER

SPATT, District Judge.

Although the plaintiff First Security Mortgage Company ("plaintiff" or "First Security") is the nominal party bringing this lawsuit, in essence this case is a dispute concerning the amount of a setoff to the defendant with regard to its claims of breach of warranty in connection with the sale of certain plastic product. The two companies involved are Goodson Polymers, Inc. ("Goodson"), a Utah corporation...

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