GUTOR INTERNATIONAL AG v. RAYMOND PACKER CO., INC.

No. 73-1133.

493 F.2d 938 (1974)

GUTOR INTERNATIONAL AG, Plaintiff, Appellee, v. RAYMOND PACKER CO., INC., Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided March 22, 1974.


Attorney(s) appearing for the Case

Arnold Manthorne, Boston, Mass., with whom Warner & Stackpole, Boston, Mass., was on brief, for defendant, appellant.

Shepard M. Remis, Boston, Mass., with whom Herrick, Smith, Donald, Farley & Ketchum, Boston, Mass., and Casey, Lane & Middendorf, New York City, were on brief, for plaintiff, appellee.

Before COFFIN, Chief Judge, MOORE and CAMPBELL, Circuit Judges.


LEVIN H. CAMPBELL, Circuit Judge.

Gutor International AG (Gutor), a Swiss corporation, brought a diversity action in the District of Massachusetts to recover the agreed price of 500 Ultravox dictating machines shipped to Raymond Packer Company, Inc. (Packer), a Massachusetts concern. Packer admitted that it had ordered and accepted the machines, but interposed defenses and two counterclaims. In one counterclaim Packer sought damages for Gutor's alleged breach of an...

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