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SIATA INTERNAT'L U. S. A., INC. v. INSURANCE CO. OF NO. AMER.

No. 73-1835.

498 F.2d 817 (1974)

SIATA INTERNATIONAL U. S. A., INC., Appellee, v. INSURANCE COMPANY OF NORTH AMERICA, Appellant.

United States Court of Appeals, Third Circuit.

Decided June 11, 1974.

Attorney(s) appearing for the Case

M. Richard Kalter, Philadelphia, Pa., Steven J. Stein, New York City, Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., Proskauer, Rose, Goetz & Mendelsohn, New York City, for appellee.

Joseph Head, William T. Campbell, Jr., Swartz, Campbell & Detweiler, Philadelphia, Pa., for appellant.

Before BIGGS, GIBBONS and GARTH, Circuit Judges.

OPINION OF THE COURT

BIGGS, Circuit Judge.

The plaintiff-appellee, Siata International U.S.A., Inc. (Siata U.S.) was engaged in the business of importing automobiles from Italy to the United States, and entered into a sales agreement dated May 10, 1969 with Siata Auto SPA (Siata Italy), an Italian automobile manufacturer, for the purchase of 1350 "Spring" model automobiles at a price of $1,355.00 each, delivery to be made ex the Siata Italy plant...

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