ALUMINUM COMPANY OF AMERICA v. ELECTRO FLO CORP.

No. 71-1276.

451 F.2d 1115 (1971)

ALUMINUM COMPANY OF AMERICA, Appellant, v. ELECTRO FLO CORPORATION, a corporation, and Ashley L. Robison, Appellees.

United States Court of Appeals, Tenth Circuit.

November 30, 1971.


Attorney(s) appearing for the Case

Kent Shearer, Salt Lake City, Utah, for appellant.

Jackson Howard, Provo, Utah, for appellees.

Before LEWIS, Chief Judge, and HAMLEY and HILL, Circuit Judges.


HAMLEY, Circuit Judge.

Aluminum Company of America (Alcoa) brought this diversity action against Electro Flo Corporation and Ashley L. Robison on an open account for goods sold and delivered to Electro Flo and guaranteed by Robison, its president. Electro Flo, which is a manufacturer and vendor of amusement rides and devices in Salt Lake City, Utah, counterclaimed for breach of warranty. After a trial without a jury the district court granted Electro Flo judgment...

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