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SMITH v. MACK TRUCKS, INC.

No. 73-2234.

505 F.2d 1248 (1974)

Charles A. SMITH, dba Smith Landscaping and Excavating, Plaintiff-Appellant, v. MACK TRUCKS, INC., and Automotive Equipment of Washington, Defendants and Third Party Plaintiffs-Appellees, v. DETROIT DIESEL — ALLISON DIVISION OF GENERAL MOTORS CORPORATION, Third Party Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

November 8, 1974.

Attorney(s) appearing for the Case

Edward J. Reasor (argued), Anchorage, Alaska, for plaintiff-appellant.

Paul A. Williams (argued), of Burr, Pease & Kurtz, Inc., Anchorage, Alaska, for defendants and third party plaintiffs-appellees.

Before BROWNING, ELY and GOODWIN, Circuit Judges.

OPINION

PER CURIAM:

The disappointed purchaser of a new Mack Truck appeals from a summary judgment in favor of the seller in this diversity claim for consequential damages.

In support of its motion for summary judgment under Fed.R.Civ.P. 56, the seller filed an affidavit and an exhibit setting forth its version of the facts. The purchaser failed to file a counteraffidavit, but orally asserted in the district...

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