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TYPOGRAPHICAL SERVICE, INC. v. ITEK CORP.

No. 82-6149 Non-Argument Calendar.

721 F.2d 1317 (1983)

TYPOGRAPHICAL SERVICE, INCORPORATED, Plaintiff-Appellant, v. ITEK CORPORATION, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

December 27, 1983.

Attorney(s) appearing for the Case

Brian C. Powers, West Palm Beach, Fla., for plaintiff-appellant.

Rogers, Morris & Ziegler, Romney C. Rogers, Fort Lauderdale, Fla., for defendants-appellees.

Before GODBOLD, Chief Judge, RONEY and TJOFLAT, Circuit Judges.

GODBOLD, Chief Judge:

In this diversity action plaintiff Typographical Service, Inc. ("TSI") sued defendant Itek Corp. and alleged breach of contract, breach of warranty, breach of implied warranty of fitness for a particular purpose, and fraud. The suit arose from the sale of a typesetter to TSI by Dymo Graphic Systems, Inc., a corporate predecessor to Itek. TSI claimed that Itek failed to provide and deliver typefaces pursuant to the agreement or, alternatively...

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