DANCEY CO., INC. v. BORG-WARNER CORP.

No. 85-3944.

799 F.2d 717 (1986)

The DANCEY COMPANY, INC., a Florida corporation, Plaintiff-Appellant, v. BORG-WARNER CORPORATION, a Delaware corporation, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

September 19, 1986.


Attorney(s) appearing for the Case

John R. Bush, Susan B. Morrison, Tampa, Fla., for plaintiff-appellant.

Nathan D. Goldman, Diana L. Fuller, Tampa, Fla., for defendant-appellee.

Before HILL and VANCE, Circuit Judges, and BROWN, Senior Circuit Judge.


CORRECTED OPINION

HILL, Circuit Judge:

FACTS

This diversity action arose when appellant The Dancey Company (Dancey), a central warehouse distributor for Borg-Warner Corporation (Borg-Warner), sued Borg-Warner for negligent and intentional misrepresentation, seeking punitive damages, and for breach of express and implied warranties. The alleged conduct concerned apparently defective duel-fuel carburetors which Dancey marketed for Borg-Warner. Dancey...

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