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AMERICAN VITRIFIED PRODUCTS COMPANY v. WYER

No. 12259.

221 F.2d 447 (1955)

AMERICAN VITRIFIED PRODUCTS COMPANY, a New Jersey corporation, Appellant, v. E. H. WYER and Chris B. Hansen, d/b/a Wyer-Hansen, Appellees, and Michigan Surety Company, a Michigan corporation, Added Appellee.

United States Court of Appeals, Sixth Circuit.

Decided April 15, 1955.

Attorney(s) appearing for the Case

Alexis J. Rogoski and Robert Bunker Rogoski, Muskegon, Mich., for appellant.

H. Winston Hathaway, Muskegon, Mich. (Edward C. Farmer, Hathaway, Latimer & Clink, Muskegon, Mich., on the brief), for appellees.

Before SIMONS, Chief Judge, and ALLEN and MARTIN, Circuit Judges.

ALLEN, Circuit Judge.

This is an appeal from a judgment in favor of plaintiffs1 in an action to recover damages alleged to have been sustained due to delivery by defendant, American Vitrified Products Company, of defective sewer pipe and failure to make timely delivery of pipe for the construction of a sewer which plaintiffs were installing in the city of Roosevelt Park, Michigan, in 1951. In the fall of 1950 plaintiffs Wyer and Hansen...

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