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WEBCO INDUSTRIES, INC. v. THERMATOOL CORP.

Nos. 99-5136, 99-5148.

278 F.3d 1120 (2002)

WEBCO INDUSTRIES, INC., Sued as Webco Industries, Inc., Plaintiff-Appellant/Cross-Appellee, v. THERMATOOL CORP.; Alpha Industries Inc., Defendants-Appellees/Cross-Appellants.

United States Court of Appeals, Tenth Circuit.

January 18, 2002.

Attorney(s) appearing for the Case

Frederick J. Hegenbart of Rosenstein, Fist & Ringold, Tulsa, OK, Mark Grossman of Grossman & Grossman, Ltd., Chicago, IL, with him on the briefs, for Plaintiff-Appellant/Cross-Appellee.

Joseph R. Farris, Jody R. Nathan with him on the briefs, of Feldman, Franden, Woodard & Farris, Tulsa, OK, for the Defendants-Appellees/Cross-Appellants.

Before SEYMOUR, Circuit Judge, McWILLIAMS, Senior Circuit Judge and BELOT, District Judge.

SEYMOUR, Circuit Judge.

Webco Industries, a manufacturer of custom tube, bought a machine for cutting tube from Thermatool Corporation and Alpha Industries (Thermatool), manufacturers of cutting, heating, and welding machines for the pipe and tube industry.1 When the machine did not perform as anticipated, Webco brought this diversity action against Thermatool alleging, inter alia, breach of...

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