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BLYTHE IND. v. PUERTO RICO AQUEDUCT & SEWER AUTH.

No. 82 Civ. 7421 (DNE).

607 F.Supp. 1386 (1985)

BLYTHE INDUSTRIES, INC. and Vanguard Construction Corp. (as assignees of Blythe-Vanguard Construction Corp.), Plaintiffs, v. PUERTO RICO AQUEDUCT AND SEWER AUTHORITY and F.M.C. Corp. (Peerless Pump Division), Defendants.

United States District Court, S.D. New York.

May 6, 1985.

Attorney(s) appearing for the Case

Tunstead, Schechter & Torre, New York City (Jonah C. Grill, New York City, of counsel), for plaintiffs.

Symmers, Fish & Warner, New York City (William Warner, New York City, of counsel), for defendant F.M.C. Corp.

OPINION AND ORDER

EDELSTEIN, District Judge:

Defendant F.M.C. Corp., Peerless Pump Division, ("FMC") has moved for summary judgment pursuant to Fed.R.Civ.P. 56(b). For the reasons set forth below, defendant's motion is granted.

FACTUAL BACKGROUND

On November 9, 1982, Blythe Industries, Inc. and Vanguard Construction Corp. ("plaintiffs"), commenced this action against FMC for $49,449.00 in losses allegedly caused by defects in certain effluent...

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