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K & M JOINT VENTURE v. SMITH INTERN., INC.

No. 79-3696.

669 F.2d 1106 (1982)

K & M JOINT VENTURE, Plaintiff-Appellee, v. SMITH INTERNATIONAL, INC., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided February 3, 1982.

Rehearing and Rehearing Denied March 29, 1982.

Attorney(s) appearing for the Case

Harry C. Nester, Fred Schwartz, Hahn, Loeser, Freedheim, Dean & Wellman, Neil K. Evans, Cleveland, Ohio, Richard F. Oetting, Gilbert D. Jensen, Voegelin & Barton, Los Angeles, Cal., for defendant-appellant.

Michael A. Cyphert, Thompson, Hine & Flory, William D. Ginn, Cleveland, Ohio, for plaintiff-appellee.

Before EDWARDS, Chief Judge, LIVELY, Circuit Judge, and HOLSCHUH, District Judge.

Rehearing and Rehearing En Banc Denied March 29, 1982.

LIVELY, Circuit Judge.

In this diversity action the district court awarded damages of $1,492,230 to an Ohio purchaser of equipment from a California seller for breach of an implied warranty of merchantability. The plaintiff-appellee is K & M Joint Venture (K&M) which was formed for the purpose of bidding on a sewer project of the City of Cleveland. After being awarded the contract for the project...

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