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SCHMIKLER v. PETERSIME INCUBATOR CO.

No. 4423.

177 F.2d 983 (1949)

SCHMIKLER v. PETERSIME INCUBATOR CO.

United States Court of Appeals First Circuit.

November 15, 1949.

Attorney(s) appearing for the Case

Morris Michelson, Boston, Mass. (Maurice Slovin with him on brief) for appellant.

James D. St. Clair Boston, Mass. (Joseph N. Welch and Hale & Dorr, Boston, Mass., with him on brief) for appellee.

Before MAGRUDER, Chief Judge, WOODBURY, Circuit Judge, and CLIFFORD, District Judge.

CLIFFORD, District Judge.

This is an appeal from an order granting defendant's motion to dismiss.

In January of 1947, the plaintiff, a resident of Massachusetts, filed his complaint solely on diversity grounds in the United States District Court for the District of Massachusetts, alleging breach of warranty in goods sold by the defendant, an Ohio corporation, to the plaintiff. Damages in the amount of $10,000 were claimed.

This suit by the plaintiff...

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