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AJAX HARDWARE MFG. CORP. v. INDUSTRIAL PLANTS CORP.

No. 32, Docket 75-7663.

569 F.2d 181 (1977)

AJAX HARDWARE MANUFACTURING CORPORATION, Plaintiff-Appellant, v. INDUSTRIAL PLANTS CORPORATION, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided July 13, 1977.

Rehearing Denied August 16, 1977.

Attorney(s) appearing for the Case

Murray Gartner, New York City (Edward A. Brill, and Poletti Freidin Prashker Feldman & Gartner, New York City, on the brief), for plaintiff-appellant Ajax Hardware Mfg. Corp.

Arnold C. Stream, New York City (Robert G. Smith, and Monasch Chazen & Stream, New York City, on the brief), for defendant-appellee Industrial Plants Corp.

Before SMITH, OAKES and TIMBERS, Circuit Judges.

TIMBERS, Circuit Judge:

In this diversity action plaintiff Ajax Hardware Manufacturing Corporation (Ajax) sought to recover from defendant Industrial Plants Corporation (Industrial) damages for breach of contract, negligence and fraud arising from Industrial's performance under a contract to appraise certain machinery for Ajax.

There have been two jury trials in the Southern District of New York before Richard H. Levet, District Judge. Ajax appeals...

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