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SKOPES RUBBER CORP. v. UNITED STATES RUBBER CO.

No. 5860.

299 F.2d 584 (1962)

SKOPES RUBBER CORP., Plaintiff, Appellant, v. UNITED STATES RUBBER COMPANY, Defendant, Appellee.

United States Court of Appeals First Circuit.

February 27, 1962.

Attorney(s) appearing for the Case

Jerome Medalie, Boston, Mass., with whom Irving Fishman and Cohn, Riemer & Pollack, Boston, Mass., were on brief, for appellant.

Blair L. Perry, Boston, Mass., with whom Edmund Burke, Boston, Mass., Myron Kalish, New York City, Hale & Dorr, Boston, Mass., and Arthur, Dry, & Dole, New York City, were on brief, for appellee.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.

HARTIGAN, Circuit Judge.

This is an appeal from a judgment of the United States District Court for the District of Massachusetts granting the defendant-appellee's motion for a directed verdict on two counts1 of plaintiff-appellant's complaint which alleged a breach of contract and a breach of warranty by sample arising out of the sale of certain material which was to be used in the making of skin-diving suits.

It is the plaintiff...

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