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LEWIS REFRIG. v. SAWYER FRUIT, VEG. & COLD STORAGE

No. 80-1011.

709 F.2d 427 (1983)

LEWIS REFRIGERATION COMPANY, a corporation, Plaintiff-Appellant, v. SAWYER FRUIT, VEGETABLE AND COLD STORAGE COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided May 26, 1983.

Attorney(s) appearing for the Case

Henry L. Guikema (argued), Murray, Mroz & Guikema, Grand Rapids, Mich., for plaintiff-appellant.

Gregory Prasher (argued), Clary, Nantz, Wood & Van Orden, Grand Rapids, Mich., for defendant-appellee.

Before LIVELY and KEITH, Circuit Judges, and NEWBLATT, District Judge.

NEWBLATT, District Judge.

I FACTS

This is an appeal in a diversity action originally brought on March 18, 1974 by Lewis Refrigeration Co. (hereinafter Lewis) against Sawyer Fruit, Vegetable and Cold Storage Cooperative Co. (hereinafter Sawyer). Lewis sued Sawyer to collect a balance allegedly due under an agreement in which Lewis sold Sawyer a freezer. Sawyer counterclaimed against Lewis asserting counts of breach of contract, breach of warranty and misrepresentation...

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