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VAL DECKER PACKING CO. v. CORN PRODUCTS SALES CO.

No. 18915.

23 Ohio Misc. 162 (1969)

VAL DECKER PACKING CO., APPELLANT, v. CORN PRODUCTS SALES CO., APPELLEE.

United States Court of Appeals, Sixth Circuit.

Decided June 9, 1969.

Attorney(s) appearing for the Case

Mr. Robert P. Bartlett, Jr., Messrs. Estabrook, Finn & McKee, Mr. John O. Henry and Mr. Thomas A. Holton, for appellant.

Mr. F. Thomas Green and Messrs. Pickrel, Schaeffer & Ebeling, for appellee.

Before WEICK, Chief Judge, and O'SULLIVAN and EDWARDS, Circuit Judges.

WEICK, Chief Judge.

We are called upon in this diversity case to determine the applicable Ohio statute of limitations in an action for damages for breach of an implied warranty in the sale of goods by written contract.

In the District Court the defendant contended that the two-year statute of limitations1 applied and filed a motion for summary judgment. Plaintiff contended that since...

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