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WINDOWS, INC. v. JORDAN PANEL SYSTEMS CORP.

Docket No. 98-7603.

177 F.3d 114 (1999)

WINDOWS, INC., Plaintiff-Third-Party-Plaintiff-Appellee, v. JORDAN PANEL SYSTEMS CORP., Defendant-Counter-Claimant-Appellant, Consolidated Freightways Corporation of Delaware, Defendant.

United States Court of Appeals, Second Circuit.

Decided April 21, 1999.

Attorney(s) appearing for the Case

Terrence J. O'Connor, White Plains, N.Y. (Law Offices of Robert P. Pagano, White Plains, N.Y.), for Defendant-Counter-Claimant-Appellant.

Marian H. Russo, Patchogue, N.Y. (Steven Taitz, Pelletreau & Pelletreau, Patchogue, N.Y., Of Counsel), for Plaintiff-Third-Party-Plaintiff-Appellee.

Before: NEWMAN, LEVAL, and PARKER, Circuit Judges.

Judge PARKER concurs by separate opinion.

LEVAL, Circuit Judge:

This is an appeal by a buyer from a grant of summary judgment in favor of the seller dismissing the buyer's claim for incidental and consequential damages resulting from damage suffered by the goods during shipment. The district court found that any negligence that might have caused the damage was attributable to the carrier and not the seller. It therefore concluded that the buyer's claim for...

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