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LEONARD PEVAR CO. v. EVANS PRODUCTS CO.

Civ. A. No. 80-290.

524 F.Supp. 546 (1981)

The LEONARD PEVAR COMPANY, Plaintiff, v. EVANS PRODUCTS CO., Defendant.

United States District Court, D. Delaware.

October 13, 1981.

Attorney(s) appearing for the Case

David R. Hodas of Potter & Carmine, P. A., Wilmington, Del., for plaintiff.

William H. Sudell, Jr. and Francis Babiarz of Morris, Nichols, Arsht & Tunnell, Wilmington, Del., for defendant.

MEMORANDUM OPINION

LATCHUM, Chief Judge.

This is a diversity action1 by the Leonard Pevar Company ("Pevar") against the Evans Products Company ("Evans") for an alleged breach of express and implied warranties in Evans' sale to Pevar of medium density overlay plywood. Defendant denies liability, claiming that it expressly disclaimed warranties and limited its liability in its contract with Pevar. The parties agree that their respective...

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