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MASSEY-FERGUSON, INC. v. BENT EQUIPMENT COMPANY

No. 18143.

283 F.2d 12 (1960)

MASSEY-FERGUSON, INC., Appellant, v. BENT EQUIPMENT COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

October 11, 1960.

Attorney(s) appearing for the Case

Delbridge L. Gibbs, Francis P. Conroy, Jacksonville, Fla., for appellant.

Davisson F. Dunlap, Clarence G. Ashby, Jacksonville, Fla., Adair, Ulmer, Murchison, Kent & Ashby, Jacksonville, Fla., of counsel, for appellee.

Before CAMERON, BROWN and WISDOM, Circuit Judges.

CAMERON, Circuit Judge.

Before us is an appeal from summary judgment entered in favor of appellee Bent Equipment Company, plaintiff below, awarding damages in the sum of $72,399.67 against appellant Massey-Ferguson, Inc., defendant in the court below. The crucial questions arise from an order entered by the court below striking certain defenses included in the answer of Massey-Ferguson.

The complaint as amended claims substantially the amount recovered based...

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