W. N. CLARK COMPANY v. MILLER MFG. COMPANY

No. 7003.

224 F.2d 660 (1955)

W. N. CLARK COMPANY, Appellant, v. MILLER MANUFACTURING COMPANY, Incorporated, Appellee.

United States Court of Appeals Fourth Circuit.

Decided July 15, 1955.


Attorney(s) appearing for the Case

Archibald G. Robertson, Richmond, Va. (Hunton, Williams, Gay, Moore & Powell, Richmond, Va.; Spencer, Ogden, Gandy & Gillette, Donald F. Gandy, Rochester, N. Y., and Harry Frazier, III, Richmond, Va., on brief), for appellant.

Collins Denny, Jr., and John S. Davenport, III, Richmond, Va. (Denny, Valentine & Davenport and John S. Owen, Richmond, Va., on brief), for appellee.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.


DOBIE, Circuit Judge.

W. N. Clark Company (hereinafter called Clark) instituted, in the United States District Court for the Eastern District of Virginia, a civil action against Miller Manufacturing Company, Incorporated, (hereinafter called Miller), seeking damages for an alleged breach of warranty. The District Court granted Miller's motion for summary judgment in its favor and dismissed Clark's complaint. Clark has appealed to us.

Upon motion by Miller...

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