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BESTWAY EQUIPMENT SERVICES, INC. v. BERWIND LINES, INC.

No. 80-1788.

655 F.2d 440 (1981)

BESTWAY EQUIPMENT SERVICES, INC., Plaintiff, Appellant, v. BERWIND LINES, INC., Defendant, Third Party Plaintiff, Appellee, v. CARIBE TUG CORPORATION, Third Party Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided July 17, 1981.

Attorney(s) appearing for the Case

Henry R. Stoinski, Woodbury, N.J., for plaintiff, appellant.

Jose A. Fernandez Paoli, Santurce, P. R., for third party defendant, appellee Caribe Tug Corp.

Andres R. Nevares Gonzalez, San Juan, P. R., for defendant, third party plaintiff, appellee Berwind Lines, Inc.

Before COFFIN, Chief Judge, CAMPBELL and BREYER, Circuit Judges.

BREYER, Circuit Judge.

In this diversity action, appellant, Bestway Equipment Services, Inc., sued Berwind Lines, Inc. in the federal district court for Puerto Rico alleging: (1) that Berwind kept fifty trailers that belonged to Bestway; (2) that Berwind had not paid Bestway rent that it owed for the lease of fifteen other trailers; and (3) that Berwind had not paid Bestway for trailer repairs that were Berwind's responsibility. Berwind, in turn, sued Caribe Tug Corporation...

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