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WESTERN ELECTRIC COMPANY v. WILLIAM SALES COMPANY

No. C-72-WS-63.

236 F.Supp. 73 (1964)

WESTERN ELECTRIC COMPANY, Incorporated, Plaintiff, v. WILLIAM SALES COMPANY, Incorporated, Defendant.

United States District Court M. D. North Carolina, Winston-Salem Division.

December 8, 1964.

Attorney(s) appearing for the Case

W. P. Sandridge, Jr., of Womble, Carlyle, Sandridge & Rice, Winston-Salem, N. C., and Peter J. Lumia, New York City, for plaintiff.

Hamilton C. Horton, Jr., of Craige, Brawley, Lucas & Horton, Winston-Salem, N. C., and H. Wayne Unger, of Jefferies, McLeod, Unger & Fraser, Walterboro, S. C., for defendant.

GORDON, District Judge.

In this action, the plaintiff seeks, in accordance with the prayer of the complaint, the sum of $16,410.68 with interest and reasonable storage rental by reason of defective plywood panels furnished by the defendant to the plaintiff. The case was tried before the undersigned Judge without a jury.

At the conclusion of the evidence of the plaintiff, the defendant moved to dismiss the action for reasons, among others, that the plaintiff...

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