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THERMAL INSULATION SYSTEMS v. ARK-SEAL CORP.

No. 80-4035.

508 F.Supp. 434 (1980)

THERMAL INSULATION SYSTEMS, INC., Plaintiff, v. ARK-SEAL CORPORATION, Defendant.

United States District Court, D. Kansas.

October 9, 1980.

Attorney(s) appearing for the Case

Danton C. Hejtmanek, Jones, Schroer, Rice, Bryan & Lykins, Chdt., Topeka, Kan., for plaintiff.

Howard Bittman, Boulder, Colo., Henry Sperber, President, Ark-Seal, Inc., Denver, Colo., Terry E. Beck, Tilton, Dillon, Beck & Crockett, Topeka, Kan., for defendant.

MEMORANDUM AND ORDER

ROGERS, District Judge.

This is a diversity action brought by the plaintiff, Thermal Insulation Systems, Inc., a Kansas corporation, seeking to recover damages for breach of contract and warranty in the purchase of an insulation machine manufactured and sold by the defendant, Ark-Seal, Inc., a Colorado corporation. This matter comes before the court on defendant's motion to dismiss for lack...

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