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ALTEC, INC. v. FWD CORPORATION

No. 25530.

399 F.2d 860 (1968)

ALTEC, INC., Appellant, v. FWD CORPORATION, Appellee.

United States Court of Appeals Fifth Circuit.

August 21, 1968.

Attorney(s) appearing for the Case

John H. Morrow, Birmingham, Ala., for appellant; Bradley, Arant, Rose & White, Birmingham, Ala., of counsel.

Bibb Allen, Birmingham, Ala., for appellee; London, Yancey, Clark & Allen, Birmingham, Ala., of counsel.

Before JOHN R. BROWN, Chief Judge BELL, Circuit Judge, and HOOPER, District Judge.

JOHN R. BROWN, Chief Judge:

As pressed on us now the question in this case is one which is simply stated: May a seller of a motor vehicle who is liable under implied warranty to its purchaser for damage to the vehicle resulting solely from a defect in the vehicle, recover from the negligent manufacturer the amount of such damages the seller has voluntarily expended without suit or prior adjudication of such warranty liability? We say now pressed on us, for the District...

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