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STIEFEL FEED COMPANY v. AEROVENT FAN COMPANY

No. 12890.

238 F.2d 859 (1956)

STIEFEL FEED COMPANY, Inc., Appellant, v. AEROVENT FAN COMPANY, Appellee.

United States Court of Appeals Sixth Circuit.

December 12, 1956.

Attorney(s) appearing for the Case

Thomas D. Logan and Sol Rothberg, Ft. Wayne, Ind., Rothberg, Gallmeyer, Doermer & Strutz, Ft. Wayne, Ind., J. Ed. Wasserman, Wasserman & Talbot, Dayton, Ohio, on brief, for appellant.

Robert S. Miller, Troy, Ohio, Hugh H. Altick, Altick & McDaniel, Dayton, Ohio, on brief, for appellee.

Before ALLEN, MARTIN and MILLER, Circuit Judges.

PER CURIAM.

This case arises out of an action for damages for breach of warranty alleged to have been made in connection with the sale to plaintiff of a dehydrating machine.1 The District Court entered judgment in favor of defendant and dismissed a counterclaim filed by defendant for the sale price of the machine. As no appeal was taken from the judgment on the counterclaim, no question on that phase of the case is properly considered...

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