JAMES TALCOTT, INC. v. ASSOCIATES CAPITAL COMPANY, INC.

No. 73-1388.

491 F.2d 879 (1974)

JAMES TALCOTT, INC., Plaintiff-Appellee, v. ASSOCIATES CAPITAL COMPANY, INC., Defendant-Appellee, and The Highway Equipment Company, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

February 14, 1974.


Attorney(s) appearing for the Case

Charles G. Heyd, Bauer, Morelli & Heyd, Cincinnati, Ohio, on brief, for The Highway Equipment Co.

Edmund J. Adams, Cincinnati, Ohio, on brief, for Associates Capital Co., Inc.; Frost & Jacobs, Cincinnati, Ohio, of counsel.

James W. Farrell, Jr., Cincinnati, Ohio, Vincent B. Stamp, Dinsmore, Shohl, Coates & Deupree, Cincinnati, Ohio, on brief, for James Talcott, Inc.

Before PHILLIPS, Chief Judge, and WEICK and PECK, Circuit Judges.


JOHN W. PECK, Circuit Judge.

This action began with a complaint filed by plaintiff-appellee James Talcott, Inc. (hereinafter "Talcott"), a New York corporation engaged in commercial financing, against defendant-appellee Associates Capital Company, Inc. (hereinafter "Associates"), a Delaware financing corporation, and defendant-appellant The Highway Equipment Company (hereinafter "Highway"), an Ohio construction equipment dealer. Jurisdiction was based on diversity...

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