MARYLAND CAS. CO. v. INDEPENDENT METAL PRODUCTS CO.

Civ. A. No. 43-50.

99 F.Supp. 862 (1951)

MARYLAND CAS. CO. v. INDEPENDENT METAL PRODUCTS CO. et al.

United States District Court D. Nebraska, Omaha Division.

September 8, 1951.


Attorney(s) appearing for the Case

Edson Smith, of the firm of Swarr, May, Royce, Smith & Story, Omaha, Neb., for plaintiff.

Louis E. Lipp, of White & Lipp, Omaha, Neb., for defendants.


DONOHOE, Chief Judge.

This action is for recovery of disbursements made by plaintiff, Maryland Casualty Company, a Maryland corportion, to satisfy the liability of its insured, Fruehauf Trailer Company, arising out of the latter's breach of an implied warranty of fitness of a petroleum transportation trailer sold to Gilmore, Gardner and Kirk Oil Company, a part of which trailer had been fabricated by the defendant, Independent...

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