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GARDEN STATE FOOD v. SPERRY RAND CORP.

Civ. A. No. 80-3225.

512 F.Supp. 975 (1981)

GARDEN STATE FOOD DISTRIBUTORS, INC., Plaintiff, v. SPERRY RAND CORPORATION, SPERRY UNIVAC DIVISION, a corporation, Defendant.

United States District Court, D. New Jersey.

April 20, 1981.

Attorney(s) appearing for the Case

Wolf, Baumann & Burstein by Albert Burstein, Jersey City, N. J., for plaintiff.

Clapp & Eisenberg, P.A. by Frederic S. Kessler, Newark, N. J., for defendant.

CLARKSON S. FISHER, Chief Judge.

This case is before me on motion of defendant, Sperry Corporation (Sperry), for partial summary judgment pursuant to Fed.R.Civ.P. 56(c). Defendant requests summary judgment on its second affirmative defense, contending that the damages sought by plaintiff are expressly limited by the agreement between the parties. Plaintiff contends that defendant's breach of express and implied warranties permits it to recover damages in accordance...

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