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MAGILL v. GULF & WESTERN INDUSTRIES, INC.

No. 82-2000.

736 F.2d 976 (1984)

Arthur MAGILL, Appellant, v. GULF & WESTERN INDUSTRIES, INC., Appellee.

United States Court of Appeals, Fourth Circuit.

Decided June 11, 1984.

Rehearing Denied July 12, 1984.

Attorney(s) appearing for the Case

F. Dean Rainey, Jr., Greenville, S.C. (Frank H. Gibbes, III, Rainey, Britton, Gibbes & Clarkson, Greenville, S.C., on brief), for appellant.

T. Sam Means, Jr. (Butler, Means, Evins & Browne, Spartanburg, S.C., on brief), for appellee.

Before WIDENER and ERVIN, Circuit Judges, and BULLOCK, District Judge.

WIDENER, Circuit Judge:

In this action for a declaratory judgment based on federal diversity jurisdiction, the district court granted defendant Gulf & Western Industries, Inc., (Gulf & Western) summary judgment on its counterclaim against plaintiff Arthur Magill for breach of contract warranty and denied the claims of Magill in the complaint. Because there were material issues of fact as to Magill's "knowledge," a critical element of his warranties, we vacate...

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