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PROCTOR & SCHWARTZ, INC. v. U.S. EQUIPMENT CO.

No. 77-1717.

624 F.2d 771 (1980)

PROCTOR & SCHWARTZ, INC., Plaintiff-Appellant, v. UNITED STATES EQUIPMENT COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided July 2, 1980.

Attorney(s) appearing for the Case

Neill T. Peters, Fitzgerald, Young, Peters, Bruno & Bunn, Lisa Sewell DeMoss, Detroit, Mich., for plaintiff-appellant.

Allen C. Youngblood, Allen & Allen, John F. Allen, Troy, Mich., for defendant-appellee.

Before WEICK, ENGEL and JONES, Circuit Judges.

ENGEL, Circuit Judge.

In this diversity action, Proctor & Schwartz, Inc. (Proctor) filed suit against United States Equipment Company (Equipment) in the United States District Court for the Eastern District of Michigan seeking indemnity and damages for breach of contract. Specifically, Proctor claims Equipment must bear the cost of a $75,000 settlement which Proctor negotiated with an employee of U. S. Fibres, Inc., a wholly-owned subsidiary of Equipment. The...

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