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EDWARDS-WARREN TIRE CO. v. J. J. BLAZER CONST. CO.

No. 76-1511.

565 F.2d 401 (1977)

EDWARDS-WARREN TIRE COMPANY, Plaintiff-Appellee, v. J. J. BLAZER CONSTRUCTION COMPANY, INC., Defendant-Third Party Plaintiff-Appellee, v. MICHELIN TIRE CORPORATION, Third-Party Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided November 11, 1977.

Attorney(s) appearing for the Case

Ralph F. Mitchell, Rendigs, Fry, Kiely & Dennis, Cincinnati, Ohio, John M. Kenney, Anderson, Russell, Kill & Olick, New York City, for third-party defendant-appellant.

Robert E. Dever, Bannon, Howland, McCurdy, Dever & Mearan, Portsmouth, Ohio, for plaintiff-appellee.

Before CELEBREZZE and PECK, Circuit Judges, and FREEMAN, Senior District Judge.

CELEBREZZE, Circuit Judge.

This diversity action originated as a suit on an account by Edwards-Warren Tire Company (Edwards-Warren), a Michelin tire dealer, against J. J. Blazer Construction Company, Inc. (Blazer), a contractor, for the unpaid purchase price of a quantity of earth-mover tires manufactured by Michelin Tire Corporation (Michelin). Blazer purchased the tires from Edwards-Warren to equip a fleet of twelve off...

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