BRICKMAN-JOY CORP. v. NATIONAL ANNEALING BOX CO.

No. 545, Docket 71-1454.

459 F.2d 133 (1972)

BRICKMAN-JOY CORPORATION and Connecticut Galvanizing Corp., Plaintiffs-Appellees, v. NATIONAL ANNEALING BOX COMPANY, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided April 3, 1972.


Attorney(s) appearing for the Case

Philip S. Walker, Hartford, Conn. (Robert B. Titus, Hartford, Conn., on the brief), for defendant-appellant.

Brandon J. Hickey, Hartford, Conn. (Lewis Segal and Lynn A. Brooks, Hartford, Conn., on the brief), for plaintiffs-appellees.

Before MURRAH, KAUFMAN and OAKES, Circuit Judges.


OAKES, Circuit Judge:

This diversity action under Connecticut law, involving the failure of a galvanizing kettle, was submitted to the jury on the basis of an implied warranty of merchantability, Conn.Gen.Stat. § 42a-2-314 (1958) (Uniform Commercial Code), and judgment was rendered for plaintiffs. Defendant brought this appeal from Judge Blumenfeld's denial of its alternative motion for judgment n.o. v. or a new trial under Fed.R.Civ.P. 50(b). We affirm.

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