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PARA-CHEM SOUTHERN, INC. v. M. LOWENSTEIN CORP.

No. 82-1446.

715 F.2d 128 (1983)

PARA-CHEM SOUTHERN, INC., Appellee, v. M. LOWENSTEIN CORPORATION, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided August 15, 1983.

Attorney(s) appearing for the Case

Jack H. Tedards, Jr., Greenville, S.C. (Wesley M. Walker, Carl G. Ferguson, Leatherwood, Walker, Todd & Mann, Greenville, S.C., on brief), for appellant.

William M. Grant, Jr., Greenville, S.C. (Thomas H. Coker, Jr., John B. McLeod, Haynsworth, Perry, Bryant, Marion & Johnstone, Greenville, S.C., on brief), for appellee.

Before WINTER, Chief Judge, ERVIN, Circuit Judge, and BRYAN, Senior Circuit Judge.

HARRISON L. WINTER, Chief Judge:

Para-Chem Southern, Inc. (Para-Chem), invoking diversity jurisdiction, sued M. Lowenstein Corporation (Lowenstein) to recover payment for certain chemical compounds furnished by Para-Chem to Lowenstein, asserting in addition claims for breach of contract accompanied by a fraudulent act, fraud and conversion stemming from the same transaction. Lowenstein pleaded a recoupment defense and brought counterclaims; it alleged that under a...

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