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PERMA RESEARCH AND DEVELOPMENT CO. v. SINGER CO.

Nos. 407 and 408, Dockets 32716 and 32754.

410 F.2d 572 (1969)

PERMA RESEARCH AND DEVELOPMENT COMPANY, Appellant, v. The SINGER COMPANY, Appellee.

United States Court of Appeals Second Circuit.

Decided April 25, 1969.

Attorney(s) appearing for the Case

Morris Chertkov, Washington, D. C., (Law Offices of Worth Rowley, Washington, D. C., Eugene J. Metzger, Washington, D. C., Steven K. Yablonski, Silver Spring, Md., on the brief; Maltese, Titone & Anastasi, New York City, of counsel), for appellant.

William C. Chanler, New York City, (Winthrop, Stimson, Putnam & Roberts, New York City, James T. Boorsch, New York City, on the brief), for appellee.

Before SMITH and HAYS, Circuit Judges, and HENDERSON, District Judge.

J. JOSEPH SMITH, Circuit Judge:

The plaintiff Perma Research & Development Company ("Perma"), brought this action for breach of contract in the United States District Court for the Southern District of New York, alleging that substantial numbers of an automobile anti-skid braking device assembled by the defendant, The Singer Company ("Singer"), were "defective due to inadequate quality control." Judge Bryan granted partial summary judgment in favor of Singer in...

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