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LANCASTER GLASS CORP. v. PHILIPS ECG, INC.

Nos. 86-3926, 86-4049.

835 F.2d 652 (1987)

LANCASTER GLASS CORPORATION, Plaintiff-Appellee, v. PHILIPS ECG, INC.; and GTE Products Corporation, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided December 17, 1987.

Attorney(s) appearing for the Case

Melvin D. Weinstein, argued, S. Noel Melvin, Emens, Hurd, Kegler & Ritter, S. Martijn Steger, Columbus, Ohio, for defendants-appellants.

Alan L. Briggs, Steven W. Tigges, argued, David J. Young, Murphy, Young & Smith, Columbus, Ohio, for plaintiff-appellee.

Before MARTIN and NELSON, Circuit Judges, and CONTIE, Senior Circuit Judge.

BOYCE F. MARTIN, Jr., Circuit Judge.

Lancaster Glass Corporation, a manufacturer and seller of glassware, brought this diversity action against Philips ECG, Inc., and GTE Products Corporation to recover the contract price for bulbs Philips contracted to purchase but refused to accept.1 Philips defended on the ground that the tendered bulbs were defective. Philips also counterclaimed to recover for allegedly-defective bulbs it had already...

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