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HARRY RICH CORPORATION v. CURTISS-WRIGHT CORP.

233 F.Supp. 252 (1964)

HARRY RICH CORPORATION, Florida Carpet Corporation, Carpet Service Corporation, Plaintiffs, v. CURTISS-WRIGHT CORPORATION, Reeves Brothers, Inc., Defendants.

United States District Court S. D. New York.

September 4, 1964.

Attorney(s) appearing for the Case

Phillips, Nizer, Benjamin, Krim & Ballon, New York City, for plaintiffs; Paul Martinson, George Berger and Harold Klapper, New York City, of counsel.

Hahn, Hessen, Margolis & Ryan, New York City, for defendant Reeves Bros.; Francis J. Ryan, Jr., and Harold Sommers, New York City, of counsel.

TYLER, District Judge.

Plaintiff corporations, sellers and distributors of floor covering linings, have brought this action for fraud and breach of warranty against two manufacturers of an under-rug matting sold under the name of "Curon Carpet Cushion" or "Curon". Until on or about November 9, 1960, Curon was manufactured and sold to plaintiffs by the Curon Division of defendant Curtiss-Wright Corporation ("Curtiss-Wright...

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