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PRO-SPECIALTIES, INC. v. THOMAS FUNDING CORP.

Nos. 75, 141, 142, Docket 85-9023, 86-7003, 86-7017.

812 F.2d 797 (1987)

PRO-SPECIALTIES, INC., Plaintiff-Appellee, v. THOMAS FUNDING CORP., and Able Building Maintenance & Services Co., Inc., Defendants, Thomas Funding Corp., Defendant-Appellant, Cross-Appellee, Able Building Maintenance & Services Co., Inc., Defendant-Appellee, Cross-Appellant. PRO-SPECIALTIES, INC., Plaintiff-Appellant, v. THOMAS FUNDING CORP., and Able Building Maintenance & Services Co., Inc., Defendants, Able Building Maintenance & Service Co., Inc., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided February 26, 1987.

Attorney(s) appearing for the Case

Mark Bradley Roth, Westbury, N.Y., for defendant-appellant, cross-appellee Thomas Funding Corp.

Seymour Pikofsky, Milwaukee, Wis. (Pikofsky & Flaherty, of counsel), for plaintiff-appellee and plaintiff-appellant Pro-Specialties, Inc.

Charles D. Maurer, New York City, for defendant-appellee, cross-appellant Able Bldg. Maintenance & Services Co., Inc.

Before CARDAMONE and PIERCE, Circuit Judges, and BONSAL, District Judge.

CARDAMONE, Circuit Judge:

The appeals in this diversity case arise from an everyday commercial arrangement under which a factor guaranteed a Navy contractor's purchase of equipment and materials from its supplier. When the Navy contractor, Able Building Maintenance & Services Co., Inc. (Able) defaulted, the supplier, Pro-Specialties, Inc. (Pro-Specialties) brought this action against Able and the factor, Thomas Funding Corp. (Thomas), as guarantor. The United...

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