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BOWATER NORTH AMERICA CORP. v. MURRAY MACHINERY

No. 84-5418.

773 F.2d 71 (1985)

BOWATER NORTH AMERICA CORPORATION, Plaintiff-Appellant, v. MURRAY MACHINERY, INC., Murray Southern, Inc., Alabama Industrial Fabricators, Inc., Logan R. Ritchie, Jr., and Edgardo Manual Diaz, Defendants-Appellees, and MURRAY MACHINERY, INC., and Murray Southern, Inc., Third-Party Plaintiffs, v. J.M. FOSTER, INC., and Harry Tobey and Hoff Associates, Third-Party Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided September 16, 1985.

Attorney(s) appearing for the Case

James R. Buckner, Miller & Martin, Raymond R. Murphy (argued), Chattanooga, Tenn., for plaintiff-appellant.

Carl Ricciardi, Ruder, Ware, Michler & Forester, Wausau, Wis., Ferber W. Tracy, (argued), Spears, Moore, Rebman & Williams, Joe E. Manuel (argued), Leitner, Warner, Owens, Moffitt, Williams & Dooley, Don W. Poole, Bean, Poole, Lawrence & Thornbury, Chattanooga, Tenn., Logan R. Ritchie, Jr., Edgardo M. Diaz, Birmingham, Ala., W. Neil Thomas, Thomas, Mann & Gossett, George L. Foster, Hall, Haynes, Lusk & Foster, Richard R. Ruth, Jr., Luther, Anderson, Cleary & Ruth, James Milam (argued), Chattanooga, Tenn., for defendants-appellees.

Before KEITH and MARTIN, Circuit Judges, and TAYLOR, District Judge.

KEITH, Circuit Judge:

The plaintiff Bowater North American Corporation (Bowater) appeals from an order of dismissal entered on May 4, 1984 by the United States District Court for the Eastern District of Tennessee, 604 F.Supp. 821, then District Judge H. Theodore Milburn presiding.

In the action below, Bowater had filed suit, alleging negligent breach of contract and breach of warranty, for defects in a long log crane....

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