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CREUSOT-LOIRE INTERN. v. COPPUS ENGINEERING CORP.

No. 82 Civ. 4251 (JMC).

585 F.Supp. 45 (1983)

CREUSOT-LOIRE INTERNATIONAL, INC., Plaintiff, v. COPPUS ENGINEERING CORPORATION, Defendant.

United States District Court, S.D. New York.

August 2, 1983.

Attorney(s) appearing for the Case

Gruen, Muskin & Thau, New York City (Victor P. Muskin, New York City, of counsel), for plaintiff.

Solin & Breindel, P.C., New York City, Day, Berry & Howard, Boston, Mass. (Charles Donelan, Boston, Mass., Howard Breindel and Robert Aronson, New York City, of counsel), for defendant.

MEMORANDUM AND ORDER

CANNELLA, Senior District Judge:

Plaintiff's motion for summary judgment is granted. Fed.R.Civ.P. 56.

BACKGROUND

Plaintiff commenced this diversity action alleging breach of contract and warranty. Simply stated, in January 1979, plaintiff purchased five type DG-26 fanmix burners [the "burners"] from defendant for installation in an ammonia plant in Kutina, Yugoslavia. According to plaintiff in February 1981, before...

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