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AIR PRODUCTS & CHEMICALS, INC. v. FAIRBANKS

No. 364.

58 Wis.2d 193 (1973)

206 N.W.2d 414

AIR PRODUCTS & CHEMICALS, INC., Plaintiff and Respondent, v. FAIRBANKS MORSE, INC., Defendant and Appellant: HARTFORD STEAM BOILER INSPECTION & INSURANCE COMPANY, Intervenor-Respondent.

Supreme Court of Wisconsin.

Decided April 20, 1973.

Attorney(s) appearing for the Case

For the appellant there were briefs by David E. Beckwith, Maurice J. McSweeney, John R. Dawson and Foley & Lardner, all of Milwaukee, and oral argument by Mr. Beckwith and Mr. McSweeney.

For the respondents there were briefs by Quarles, Herriott, Clemons, Teschner & Noelke and Laurence C. Hammond, Jr., and Ross R. Kinney, all of Milwaukee, and oral argument by Mr. Hammond.

HANLEY, J.

Four issues are presented on this appeal:

1. Is the four-year Pennsylvania statute of limitations a defense to any or all of Air Products' or Hartford's causes of action?

2. Can a contract which states that liquidated damages "shall be in addition to any and all other remedies of buyer" be interpreted to mean that liquidated damages is the buyer's sole and exclusive remedy?

3. Under Pennsylvania...

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