MARIVAL, INC. v. PLANES, INC.

Civ. A. No. 12189.

306 F.Supp. 855 (1969)

MARIVAL, INC., Plaintiff, v. PLANES, INC., a corporation, and Larry Block, an individual, Defendants and Third-Party Plaintiffs, v. UNITED STATES of America, Third-Party Defendant.

United States District Court N. D. Georgia, Atlanta Division.

September 30, 1969.


Attorney(s) appearing for the Case

Sloane, Hockett & Iverson, Des Moines, Iowa, for plaintiff.

Stokes & Manning, Joseph R. Manning, Atlanta, Ga., for Planes Inc. and Larry Block.

Beverly B. Bates, Asst. U. S. Atty., Atlanta, Ga., for the United States.


ORDER

EDENFIELD, District Judge.

The court has before it the third-party defendant's motion to dismiss or, in the alternative, motion for summary judgment.

On April 13, 1968, plaintiff purchased a Cessna 310D airplane from the defendant corporation, which plaintiff contends was not in the condition represented by defendants. Plaintiff sues the defendants on the basis of fraudulent misrepresentation, as well as breach of express and implied warranties...

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