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COMEQ, INC. v. MITTERNIGHT BOILER WORKS

82-1134, 82-1261.

456 So.2d 264 (1984)

COMEQ, INC. v. MITTERNIGHT BOILER WORKS, INC., a Corporation MITTERNIGHT BOILER WORKS, INC., a Corporation. v. COMEQ, INC.

Supreme Court of Alabama.

July 27, 1984.

Attorney(s) appearing for the Case

Caine O'Rear III of Hand, Arendall, Bedsole, Greaves & Johnston, Mobile, for appellant/cross-appellee Comeq, Inc.

Joseph M. Allen, Jr. and Craig S. Pittman of Hamilton, Butler, Riddick, Tarlton & Allen, Mobile, for appellee/cross-appellant Mitternight.

EMBRY, Justice.

The Facts

Appellant, Comeq, Inc., is a machine tool importer and distributor with offices in Baltimore, Maryland. Its business is the purchase and reselling of heavy machinery and equipment purchased by Comeq from various manufacturers.

One machine sold by Comeq is an "angle bending roll" manufactured by a company called "Swedish Tool," which markets its products under the name of "Roundo." That machine is used in the steel...

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