VICON, INC. v. CMI CORP.

No. 80-3324.

657 F.2d 768 (1981)

VICON, INC., Plaintiff-Appellee, Cross-Appellant, v. CMI CORPORATION, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Fifth Circuit. Unit A

Rehearing Denied December 23, 1981.


Attorney(s) appearing for the Case

George E. Morse, Gulfport, Miss., Jerry Dunlap, Oklahoma City, Okl., Herschel L. Abbott, Jr., Michael L. Stone, Marie A. Moore, New Orleans, La., for defendant-appellant, cross-appellee.

Butler, Snow, O'Mara, Stevens & Canada, Stephen W. Rosenblatt, Thomas M. Prewitt, Jackson, Miss., for plaintiff-appellee, cross-appellant.

Before MARKEY, Chief Judge, and GEE and POLITZ, Circuit Judges.


MARKEY, Chief Judge:

CMI Corporation (CMI) appeals from a judgment of the United States District Court for the Southern District of Mississippi holding it liable to ViCon, Inc. (ViCon) for breach of contract, breach of warranty and tortious misrepresentation relating to the sale of a "hot mix" asphalt plant. CMI also appeals a denial of its motion under Rule 60(b) of the Federal Rules of Civil Procedure (FRCP) to vacate judgment and for a new trial. ViCon cross-appeals...

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