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DISKMAKERS, INC. v. DeWITT EQUIPMENT CORP.

No. 76-1955.

555 F.2d 1177 (1977)

DISKMAKERS, INC., Appellant, v. DeWITT EQUIPMENT CORPORATION, Jack Rosenfeld, Counterclaimant.

United States Court of Appeals, Third Circuit.

Decided May 18, 1977.

Attorney(s) appearing for the Case

Miles Warner, Philadelphia, Pa., for appellant; Warner & Huntington, Philadelphia, Pa., of counsel.

Law Offices of Brian R. Hersh, Miami, Fla., Kleimer, Juman & Juman, Edison, N. J., for appellee.

Before ADAMS, ROSENN and WEIS, Circuit Judges.

OPINION OF THE COURT

WEIS, Circuit Judge.

A seller's precipitous decision to declare a breach of contract and the district court's premature entry of judgment in agreement with the seller's position underlie this appeal. Because the legality of its stance is uncertain, the seller may have been hasty in its action and, hence, the district court was likewise in granting summary judgment. Accordingly, we will vacate and remand for a more complete development...

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