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ACTION MFG., INC. v. FAIRHAVEN TEXTILE CORP.

Nos. 85-1429, 85-1430.

790 F.2d 164 (1986)

ACTION MANUFACTURING, INC., Plaintiff, Appellee, v. FAIRHAVEN TEXTILE CORPORATION, Defendant, Appellant. ACTION MANUFACTURING, INC., Plaintiff, Appellee, v. FAIRHAVEN TEXTILE CORPORATION, Defendant, Appellee. Brawer Bros., Inc., Third-Party Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided February 20, 1986.

As Amended February 25, 1986.

On Motion to Withdraw Portion of Opinion May 14, 1986.

Attorney(s) appearing for the Case

Edward A. Haffer, with whom Sheehan, Phinney, Bass & Green, Professional Ass'n, Manchester, N.H., was on brief, for Fairhaven Textile Corp.

Irving Brawer, with whom James J. Barry, Jr., Manchester, N.H., was on brief, for Brawer Bros., Inc.

Peter Karl Marsh, with whom Marsh & Segal, Concord, N.H., was on brief, for Action Mfg., Inc.

Before COFFIN, Circuit Judge, WISDOM and ALDRICH, Senior Circuit Judges.

BAILEY ALDRICH, Senior Circuit Judge.

In this suit by Action Manufacturing, Inc., tried to the court, for breach of warranty of fabrics which were, concededly, "expressly warranted by [defendant] Fairhaven [Textile Corporation] and [third party defendant] Brawer Bros. [Inc.] to be first quality," the first ten pages of Fairhaven's brief are devoted to a claim of lack of timely notice of breach. Although, actually, this was a non-issue, it is such a conspicuous example...

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