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NEWTON v. ROCKWOOD & CO.

Civ. A. No. 64-326.

261 F.Supp. 485 (1966)

Harold A. NEWTON and Joel E. Scroggins, co-partners doing business under the firm name and style of Pine Meadow Farm, Plaintiffs, v. ROCKWOOD & CO., Defendant.

United States District Court D. Massachusetts.

December 9, 1966.

Attorney(s) appearing for the Case

William J. Murphy, East Longmeadow, Mass., for plaintiff.

Stephen A. Hopkins, Sherburne, Powers & Needham, Boston, Mass., for defendant.

OPINION

CAFFREY, District Judge.

This civil action, sounding primarily in tort for negligence and less clearly in a claim for breach of implied warranty of fitness for the intended purpose, was tried to the Court after its removal from Suffolk Superior Court on the basis of diversity jurisdiction. The plaintiffs, co-partners, are residents of Massachusetts, d/b/a Pine Meadow Farm. The defendant is a Delaware corporation with its principal place of business...

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