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BERNINA DISTRIBUTORS, INC. v. BERNINA SEWING MACH. CO., INC.

No. 78-1934.

646 F.2d 434 (1981)

BERNINA DISTRIBUTORS, INC., Plaintiff-Appellee, v. BERNINA SEWING MACHINE CO., INC., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied June 24, 1981.

Attorney(s) appearing for the Case

Stephen G. Crockett, Salt Lake City, Utah (Robert G. Holt, Salt Lake City, Utah, with him on the brief), of Martineau, Rooker, Larsen & Kimball, Salt Lake City, Utah, for defendant-appellant.

Allen I. Neiman, Beverly Hills, Cal. (Patricia M. Wolfe, Beverly Hills, Cal., with him on the brief), of Neiman & Billet, Beverly Hills, Cal., for plaintiff-appellee.

Before McKAY, PECK and LOGAN, Circuit Judges.

LOGAN, Circuit Judge.

This diversity case involves interpretation of a contract between an importer and a distributor of sewing machines. By the contract Utah law controls on all matters of interpretation, application, and enforcement.

Defendant Bernina Sewing Machine Co., Inc. (Importer), a Utah corporation, imports and supplies Bernina sewing machines to plaintiff Bernina Distributors, Inc. (Distributor), a California corporation, under the contract at issue...

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