HARRIS CORP. v. MALLICOTE

No. CIV-2-79-211.

514 F.Supp. 7 (1980)

HARRIS CORPORATION, Plaintiff and defendant-by-counterclaim. v. L. Joy MALLICOTE et al., Defendants and plaintiffs-by-counterclaim.

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

July 16, 1980.


Attorney(s) appearing for the Case

C. Berkeley Bell, Greeneville, Tenn., for plaintiff and defendant-by-counterclaim.

Wendal D. Jackson, Bristol, Tenn., for defendants and plaintiffs-by-counterclaim.


MEMORANDUM OPINION AND ORDER

NEESE, District Judge.

This is a diversity action, 28 U.S.C. § 1332(a)(1), (c) under the Uniform Commercial Code, T.C.A. § 47-2-709(1)(a), for the recovery of the price of goods (machinery) sold and bought. The plaintiff moved for a summary judgment on the issue of liability, Rules 56(a), (c), Federal Rules of Civil Procedure. A magistrate recommended that such motion be granted, 28 U.S.C. § 636(b)(1)(B).

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