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FAIRMONT ALUMINUM CO. v. STUART ENG. & MFG. CO.

Civ. A. 734-55.

150 F.Supp. 507 (1957)

FAIRMONT ALUMINUM COMPANY, Plaintiff, v. STUART ENGINEERING & MANUFACTURING COMPANY, Defendant.

United States District Court D. New Jersey.

April 30, 1957.

Attorney(s) appearing for the Case

John P. Loftus, Jersey City, N. J., and George W. Sullivan, New York City, for plaintiff.

Emanuel Silberner, Newark, N. J., for defendant.

WORTENDYKE, District Judge.

This is a diversity action ex contractu for the price of goods sold and delivered by plaintiff, a corporation of the State of West Virginia, to defendant, a corporation of the State of New Jersey.

It is conceded that, prior to the transaction upon which the plaintiff's claim is based, the defendant had been engaged in the engineering and manufacturing of certain products involving the use of aluminum, at its premises designated...

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