NATIONAL POLYMER PRODUCTS v. BORG-WARNER CORP.

No. 78-1543.

641 F.2d 418 (1981)

NATIONAL POLYMER PRODUCTS, INC., Plaintiff-Appellant, v. BORG-WARNER CORPORATION, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided February 11, 1981.


Attorney(s) appearing for the Case

James H. Mathis, Gerber, Bernstein, Gerber & Winestone, Hal Gerber, Memphis, Tenn., for plaintiff-appellant.

Newton P. Allen, Armstrong, Allen, Braden, Goodman, McBride & Prewitt, Jon P. McCalla, S. Russell Headrick, Memphis, Tenn., for defendant-appellee.

Before MARTIN, Circuit Judge, CELEBREZZE, Senior Circuit Judge, and DUNCAN, District Judge.


DUNCAN, District Judge.

The question before us arises tangentially out of a diversity action filed by plaintiff-appellant National Polymer Products, Inc. against defendant-appellee Borg-Warner Corporation for damages arising out of the sale of a product supplied by Borg-Warner to National Polymer. The case was tried to a jury, resulting in a verdict for the plaintiff. The trial court later set aside the verdict and ordered a retrial. The merits of the plaintiff's...

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