RIDGE CO., INC. v. NCR CORP.

No. S 81-373.

597 F.Supp. 1239 (1984)

The RIDGE COMPANY, INC.; St. Joe Distributing Company, Inc., Plaintiffs, v. NCR CORPORATION; Control Data Corporation, c/o C.T. Corporate System, 1011 Merchants Bank Bldg., Indianapolis, Indiana; Magnetic Peripheral, Defendants.

United States District Court, N.D. Indiana, South Bend Division.

November 20, 1984.


Attorney(s) appearing for the Case

Joseph L. Amaral, South Bend, Ind., for plaintiffs.

Dennis A. Lieberman, Dayton, Ohio, Terry A. Crone, South Bend, Ind., for NCR Corp.

Roland Obenchain, Thomas F. Lewis, Jr., South Bend, Ind., for Control Data/Magnetic Peripheral.


MEMORANDUM AND ORDER

ALLEN SHARP, Chief Judge.

This cause is before the court on the motion for summary judgment of defendants, Control Data Corporation (Control Data) and Magnetic Peripheral, Inc. (Magnetic). Control Data and Magnetic contend that since privity of contract is required in Indiana to enforce implied warranty claims alleging only economic harm, and no privity exists between plaintiffs and either defendant, they are entitled to judgment as...

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