SMOOT v. FAIRCHILD, INC.

No. CIV-2-78-136.

479 F.Supp. 919 (1979)

Shelby W. SMOOT et al., etc., Plaintiffs, v. FAIRCHILD, INC., Defendant.

United States District Court, E. D. Tennessee, Northeastern Division.

June 25, 1979.


Attorney(s) appearing for the Case

E. G. Moody, Hawkins & Moody, Kingsport, Tenn. and Wendal D. Jackson, Slaughter, Jackson, Cooper & Watson, Bristol, Tenn., for plaintiffs.

Dick L. Johnson, Johnson City, Tenn., for defendant.


MEMORANDUM OPINION

NEESE, District Judge.

This is a diversity action for damages for breach of contract. 28 U.S.C. §§ 1332(a)(1), (c). The parties agree that Tennessee law governs. 28 U.S.C. § 1652. Trial was to the Court on May 16-17, 1979.

The plaintiffs, doing business as Cherokee Coal Company (Cherokee), desired to sell a Lee Norse CM26H-2B60 continuous coalmining machine with an oscillating head (machine). The defendant Fairchild...

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