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

No. 742, Docket 35833.

444 F.2d 372 (1971)

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

United States Court of Appeals, Second Circuit.

Decided June 11, 1971.

Attorney(s) appearing for the Case

William E. Kelly, New York City (Casey, Lane & Mittendorf, New York City, on the brief; and Smith, Ranscht, Pollock & Barnes, White Plains, N. Y., on the brief), for plaintiff-appellant.

Edward E. Rigney, New York City (Alexander & Green, New York City, Eugene Z. DuBose, Klaus H. Jander, Richard T. McDermott, New York City, of counsel), for defendant-appellee.

Before HAYS and FEINBERG, Circuit Judges, and BLUMENFELD, District Judge.

BLUMENFELD, District Judge:

This is a diversity action claiming damages for negligence, breach of contract and breach of warranties arising out of the defendant's performance of agreements to furnish and erect two asphalt plants for the plaintiff. The defendant answered with a general denial and counterclaimed for the unpaid balance of the contract price, damages for conversion of the plants, and for the rental value of an...

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