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CONSOLIDATED BOTTLING CO. v. JACO EQUIPMENT CORP.

No. 317, Docket 35272.

442 F.2d 660 (1971)

CONSOLIDATED BOTTLING CO., Appellant, v. JACO EQUIPMENT CORP., Appellee, v. UNITED STATES FIDELITY & GUARANTY CO., Third-Party Defendant.

United States Court of Appeals, Second Circuit.

Decided April 5, 1971.

Attorney(s) appearing for the Case

David C. Fielding, Buffalo, N. Y. (Jaeckle, Fleischmann, Kelly, Swart & Augspurger, Buffalo, N. Y., Milton H. Friedman, Buffalo, N. Y., on the brief), for appellant.

Ronald B. Felman, Buffalo, N. Y. (Kavinoky, Cook, Hepp, Sandler & Gardner, Buffalo, N. Y., on the brief), for appellee.

Hodgson, Russ, Andrews, Woods & Goodyear, Buffalo, N. Y., Hugh McM. Russ, Jr. and Stephen Kellogg, Buffalo, N. Y., of counsel, for third party defendant.

Before MOORE, KAUFMAN and HAYS, Circuit Judges.

MOORE, Circuit Judge:

Plaintiff-seller Consolidated Bottling Co. (Consolidated) appeals from the dismissal with prejudice of its complaint against Jaco Equipment Corp. (Jaco), the defendant and alleged purchaser whereby Consolidated seeks to recover from Jaco the purchase price of $11,500 for certain used can filling equipment which was seriously damaged before delivery was made. Jurisdiction is founded on diversity of citizenship. The dispositive question presented...

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