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LAFAYETTE STABILIZER REPAIR v. MACHINERY WHOLESALERS

No. 83-4416.

750 F.2d 1290 (1985)

LAFAYETTE STABILIZER REPAIR, INC., Plaintiff-Appellee, v. MACHINERY WHOLESALERS CORPORATION, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 21, 1985.

Attorney(s) appearing for the Case

Howard F. Ullman, Michael W. Ullman, North Miami Beach, Fla., Arthur J. England, Jr., Miami, Fla., for defendant-appellant.

Constance A. Koury, Koury & Koury, Joseph A. Koury, Lafayette, La., John K. Grubb, Houston, Tex., for plaintiff-appellee.

Before GARWOOD, THORNBERRY, and HILL, Circuit Judges.

ROBERT MADDEN HILL, Circuit Judge:

This case was analyzed under Louisiana law by the district court which then awarded the plaintiff a refund of the purchase price of a defective lathe. Finding that the contract of sale for the lathe provided for the application of Florida law but that plaintiff would nevertheless prevail under Florida law, we affirm.

FACTS

This is a diversity action between Lafayette Stabilizer Repair, Inc., a Louisiana corporation...

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