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OMARK INDUSTRIES, INC. v. LUBANKO TOOL COMPANY

No. 226, Docket 25320.

266 F.2d 540 (1959)

OMARK INDUSTRIES, INC., Plaintiff-Appellee v. LUBANKO TOOL COMPANY, Inc., Defendant-Appellant, Maurice E. Fitzgerald, Paul Fessel, Russell Crichton, Di-Rock Corporation and Joseph Davis, Additional Defendants on Counterclaims.

United States Court of Appeals Second Circuit.

Decided May 14, 1959.

Attorney(s) appearing for the Case

Charles Haydon, New York City (Dublirer & Haydon, New York City, on the brief), for defendant-appellant.

Alfred C. Turino, New York City, for plaintiff-appellee.

Before WASHINGTON, WATERMAN and MOORE, Circuit Judges.

MOORE, Circuit Judge.

Omark Industries, Inc., plaintiff-appellee, commenced this action to recover for goods sold and delivered and upon an account for the same. The defendant, Lubanko Tool Company, Inc., was a dealer in the New York area selling the products of plaintiff, a manufacturer of power tools and accessories for the construction industry. The parties entered into a franchise agreement on May 15, 1957. The purchase...

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