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ARROW EQUIPMENT, INC. v. M-R-S MANUFACTURING COMPANY

No. 19169.

416 F.2d 152 (1969)

ARROW EQUIPMENT, INC., a Minnesota Corporation, Appellant, v. M-R-S MANUFACTURING COMPANY, a Mississippi Corporation, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied October 30, 1969.

Attorney(s) appearing for the Case

Bruce B. James, Minneapolis, Minn., for appellant.

Clay R. Moore, of Mackall, Crounse, Moore, Helmey & Holmes, Minneapolis, Minn., for appellee.

Before BLACKMUN, LAY and HEANEY, Circuit Judges.

HEANEY, Circuit Judge.

Two separate questions are presented on appeal. The first is whether a provision in a Dealership Agreement between a manufacturer (M-R-S Manufacturing Company) and its dealer (Arrow Equipment, Inc.) effectively disclaims implied warranties in a sale of tractor hauling units. The District Court found the disclaimer effective. The second question, arising from a counterclaim, is whether the monthly rental value of a wrongfully retained tractor...

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