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BINKLEY CO. v. EASTERN TANK, INC.

Nos. 87-1064, 87-1718.

831 F.2d 333 (1987)

The BINKLEY COMPANY, Plaintiff, Appellant, v. EASTERN TANK, INC., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided October 9, 1987.

Attorney(s) appearing for the Case

Kevin F. Moloney with whom Mitchell J. Notis, Ilana M. Quirk and Barron & Stadfeld, Boston, Mass., were on brief, for plaintiff, appellant.

David H. Gibbs, P.C. with whom Robert A. Whitney, Peabody & Brown and Lola Dickerman, Boston, Mass., were on brief, for defendant, appellee.

Before COFFIN, DAVIS and SELYA, Circuit Judges.

DAVIS, Circuit Judge.

This is an appeal in a diversity contract action between the Binkley Company (Binkley or appellant), a Missouri corporation, and Eastern Tank, Inc. (Eastern or appellee), a Massachusetts corporation. Binkley, the seller, claimed that Eastern had wrongly repudiated a contract for the sale of 2,178 caster assemblies at an approximate price of $200.00 each. The United States District Court for the District of Massachusetts (Skinner, J.) granted...

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