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ALDON INDUSTRIES, INC. v. DON MYERS & ASSOCIATES, INC.

No. 74-2215.

517 F.2d 188 (1975)

ALDON INDUSTRIES, INC., Plaintiff-Appellant Cross Appellee, v. DON MYERS & ASSOCIATES, INC., and Donald F. Myers and Ruth E. Myers, Individually, Defendants-Appellees Cross Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 26, 1975.

Attorney(s) appearing for the Case

Kenneth L. Ryskamp, John L. Britton, Miami, Fla., Edward B. Bergman, John R. Padova, Richard D. Solo, Philadelphia, Pa., for plaintiff-appellant cross appellee.

Marc M. Watson, Guy B. Bailey, Jr., Miami, Fla., for defendants-appellees cross appellants.

Before BELL, DYER and SIMPSON, Circuit Judges.

DYER, Circuit Judge:

Aldon Industries, Inc., a manufacturer of carpeting, brought suit against Don Myers & Associates, Inc., an Aldon dealer, for the price of carpeting which it sold to Myers. Myers counterclaimed for lost prospective profits because of defective carpeting claiming breach of express and implied warranties, and negligence in the manufacture and inspection of carpeting. Judgments were rendered upon jury verdicts for Aldon in the amount of $50,913...

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