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KRUPP INTERN., INC. v. YARN INDUSTRIES, INC.

Civ. A. Nos. 83-357 LON, 83-430 LON.

615 F.Supp. 1103 (1985)

KRUPP INTERNATIONAL, INC., a Delaware corporation, Plaintiff, v. YARN INDUSTRIES, INC., a foreign corporation, Defendant and Counterclaimant, v. KRUPP INTERNATIONAL, INC., a Delaware corporation, Counterclaim Defendant and Counterclaim Third-Party Plaintiff, v. PLATT SACO LOWELL CORPORATION, Counterclaim Third-Party Defendant. FRIED KRUPP, GMBH, Plaintiff, v. PLATT SACO LOWELL CORPORATION, Defendant.

United States District Court, D. Delaware.

August 14, 1985.

Attorney(s) appearing for the Case

Charles Gruver, III, of Bayard, Handelman & Murdoch, Wilmington, Del. (Peter Kurshan, [argued] of Herzfeld & Rubin, New York City, of counsel), for plaintiff, counterclaim defendant and counterclaim third-party plaintiff Krupp Intern., Inc.

James J. Woods, Jr., of Connolly, Bove, Lodge & Hutz, Wilmington, Del., for defendant and counterclaimant Yarn Industries, Inc.

Edmund N. Carpenter, II, Thomas A. Beck, of Richards, Layton & Finger, Wilmington, Del. (Mark R. Holmes, Greenville, S.C. [argued], and Wesley M. Walker, of Leatherwood, Walker, Todd & Mann, Greenville, S.C., of counsel), for third-party defendant Platt Saco Lowell Corp.

OPINION

LONGOBARDI, District Judge.

The Plaintiff, Krupp International, Inc. ("Krupp"), brought this action to compel Yarn Industries, Inc. ("Yarn") to pay certain amounts due under a contract for sale of a yarn manufacturing system. Yarn has denied liability and has counterclaimed against Krupp seeking compensation for losses incurred due to the failure of the yarn manufacturing equipment to operate properly. Krupp has impleaded Platt Saco Lowell Corporation...

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