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COUNTY ASPHALT, INC. v. LEWIS WELDING & ENGINEERING CORP.

No. 66-Civ. 141.

323 F.Supp. 1300 (1970)

COUNTY ASPHALT, INC., Plaintiff, v. The LEWIS WELDING & ENGINEERING CORPORATION, Defendant.

United States District Court, S. D. New York.

November 30, 1970.

Attorney(s) appearing for the Case

Casey, Lane & Mittendorf, New York City, for plaintiff by William E. Kelly, trial counsel, Alan R. Wentzel, and James Shaughnessy, New York City, Smith, Ranscht, Pollock & Barnes, White Plains, N. Y., of counsel.

Alexander & Green, New York City, for defendant by Edward E. Rigney, trial counsel, Klaus H. Jander, Richard T. McDermott, and Bruce W. Eaken, of Jones, Day, Cockley & Reavis, Cleveland, Ohio, of counsel.

MEMORANDUM

CROAKE, District Judge.

This is a diversity action, having been removed to this court by defendant, from the New York State Supreme Court, Westchester County. The case concerns among other issues, "transactions in goods" within the scope of the Uniform Commercial Code's article on sales,1 which were purchased by plaintiff, a New York corporation, from defendant, an Ohio corporation.

On December 22, 1964, and...

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