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PESAPLASTIC, C.A. v. CINCINNATI MILACRON CO.

Nos. 82-6085, 83-5418.

750 F.2d 1516 (1985)

PESAPLASTIC, C.A., Plaintiff-Appellee, v. CINCINNATI MILACRON CO., Defendant-Appellee, Tedruth Plastics Corp., Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

January 24, 1985.

Attorney(s) appearing for the Case

Fleming, O'Bryan & Fleming, Paul R. Regensdorf, Fort Lauderdale, Fla., Carton, Nary, Witt & Arvanitis, Douglas M. Calhoun, Asbury Park, N.J., Gregory P. Borgognoni, Miami, Fla., for Tedruth Plastics Corp.

Blackwell, Walker, Gray, Powers, Flick & Hoehl, James E. Tribble, John R. Hoehl, Miami, Fla., for Cincinnati Millacron Co.

Heller & Lloyd, Henry M. Lloyd, Washington, D.C., Friedman, Britton, Cohen, Kaufman, Zinkow, Benson & Schantz, Miami, Fla., for Pesaplastic, C.A.

Before FAY and VANCE, Circuit Judges, and MacMAHON, District Judge.

FAY, Circuit Judge:

Tedruth Plastics Corporation ("Tedruth") appeals from an adverse decision in a diversity case whereby Tedruth was found liable to Pesaplastic, C.A. ("Pesaplastic") for misrepresentation and breach of warranties in connection with the sale of a mold used to manufacture plastic pallets. Tedruth and co-defendant Cincinnati Milacron Company ("Milacron") were held jointly and severally liable for compensatory...

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