RUDD CONST. EQUIPMENT CO. v. CLARK EQUIPMENT CO.

Nos. 82-5355, 82-5370.

735 F.2d 974 (1984)

RUDD CONSTRUCTION EQUIPMENT COMPANY, INC., Plaintiff-Appellee, Cross-Appellant, v. CLARK EQUIPMENT COMPANY, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided June 1, 1984.

Rehearing Denied July 27, 1984.


Attorney(s) appearing for the Case

John A. Fulton (argued), Woodward, Hobson & Fulton, Louisville, Ky., Eben G. Crawford, Squire, Sanders & Dempsey, Cleveland, Ohio, for defendant-appellant, cross-appellee.

Richard M. Trautwein (argued), Barnett & Alagia, Louisville, Ky., for plaintiff-appellee, cross-appellant.

Before LIVELY, Chief Judge, ENGEL, Circuit Judge, and NEESE, Senior District Judge.


Rehearing Denied in No. 82-5355 July 27, 1984.

ENGEL, Circuit Judge.

In this Kentucky diversity action, defendant Clark Equipment Company (Clark) appeals a judgment for $315,945, plus interest, in favor of plaintiff Rudd Construction Equipment Company, Inc. (Rudd) following a non-jury trial before Chief Judge Charles M. Allen of the United States District Court for the Western District of Kentucky. We affirm in part, reverse in part, and remand for modification...

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