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CONSOLIDATED WATER P. & P. CO. v. SPARTAN A. CO.

No. 10202.

185 F.2d 947 (1950)

CONSOLIDATED WATER POWER & PAPER CO. v. SPARTAN AIRCRAFT CO.

United States Court of Appeals, Third Circuit.

Filed December 13, 1950.

Attorney(s) appearing for the Case

David S. Hecht, New York City, (Richards, Layton & Finger, Wilmington, Del., Caleb S. Layton, Wilmington, Del., of counsel, Leve, Hecht, Hadfield & McAlpin, New York City, Barnabas B. Hadfield, C. Lansing Hays, Jr., New York City, on the brief), for appellant.

R. B. Graves, Wisconsin Rapids, Wis. (T. W. Brazeau, Wisconsin Rapids, Wis., William Prickett, Wilmington, Del., on the brief), for appellee.

Before GOODRICH, KALODNER and HASTIE, Circuit Judges.

GOODRICH, Circuit Judge.

This case involves the responsibility of a seller to a buyer either for breach of warranty or a statutory liability in the nature of an action for deceit. The seller won in the trial court and the buyer appeals to us on the basis that the conclusion reached by the learned Trial Judge is clearly erroneous under Rule 52(a).1

The case is in federal court because of...

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