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WHITSON v. AURORA IRON & METAL CO.

No. 13422.

297 F.2d 106 (1961)

Carl WHITSON d/b/a Allen Mfg. Company, Plaintiff-Appellee, v. AURORA IRON & METAL CO., an Illinois corporation, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

December 14, 1961.

Attorney(s) appearing for the Case

Maurice Rosenfield, Harold Stickler, Chicago, Ill., for appellant.

Bert Barefoot, Jr., Oklahoma City, Okl., Barefoot, Moler & Bohanon, formerly Bohanon & Barefoot, Oklahoma City, Okl., of counsel, for appellee.

Before HASTINGS, Chief Judge, and DUFFY and CASTLE, Circuit Judges.

CASTLE, Circuit Judge.

Carl Whitson, doing business as Allen Mfg. Co., plaintiff-appellee, brought this diversity action in the District Court against Aurora Iron & Metal Co., Inc., defendant-appellant, to recover, with interest, a balance allegedly due under a contract for the manufacture of a baling press and its installation on defendant's premises. Defendant's answer, among other things, counterclaimed for damages based on alleged breach of warranties and...

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