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UNIROYAL, INC. v. CHAMBERS GASKET & MFG. CO.

No. 2-476A127.

380 N.E.2d 571 (1978)

UNIROYAL, INC., Appellant, (Third-Party Defendant below), v. CHAMBERS GASKET AND MANUFACTURING COMPANY, Appellee, (Third-Party Plaintiff and Defendant below), Thrush Products, Appellee, (Plaintiff below).

Court of Appeals of Indiana, Second District.

September 19, 1978.

Attorney(s) appearing for the Case

Eugene J. McGarvey, Jr., Thomas J. Trauring, Fell & McGarvey, Kokomo, for appellant.

George C. Rabens, Rabens, Formusa & Glassman, Chicago, Ill., Russell T. Keith, Keith, Berkshire & Keith, Peru, for appellee.

SULLIVAN, Judge.

Thrush Products (Thrush) requested that Chambers Gasket and Manufacturing Company (Chambers) fabricate gaskets for use by Thrush in the manufacture and sale of pressure reducing valves. The material normally used in such fabrication was unavailable. Therefore, Chambers inquired of Uniroyal, Inc. (Uniroyal), a supplier of raw material, whether there existed a reasonable substitute and if so, that Chambers be supplied with a sample. Uniroyal responded...

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