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ALDERNEY DAIRY CO., INC. v. HAWTHORN MELLODY, INC.

No. 80-1948.

643 F.2d 113 (1981)

ALDERNEY DAIRY COMPANY, INC., Appellant v. HAWTHORN MELLODY, INC., and National Industries, Inc.

United States Court of Appeals, Third Circuit.

Decided February 23, 1981.

Attorney(s) appearing for the Case

Peter Hearn (argued), Stephen J. Sundheim, Pepper, Hamilton & Scheetz, Philadelphia, Pa., for appellant.

Elliott Abrutyn (argued), Morgan, Melhuish, Monaghan & Spielvogel, Livingston, N.J., for appellee.

Before ADAMS, GARTH and SLOVITER, Circuit Judges.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

I.

This is an appeal from an order granting defendants' motion for summary judgment in a breach of warranty dispute resulting from the sale of an ongoing business. The district court based its order on the ground that defendants did not breach any warranty or representation made in their agreement of sale. We believe the court erred in this finding and therefore vacate the judgment. Because we believe...

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