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HOOVER UNIVERSAL, INC. v. BROCKWAY IMCO, INC.

Nos. 86-1043, 86-1065.

809 F.2d 1039 (1987)

HOOVER UNIVERSAL, INC., Appellant, v. BROCKWAY IMCO, INC., Appellee. HOOVER UNIVERSAL, INC., Appellee, v. BROCKWAY, IMCO, INC., Appellant.

United States Court of Appeals, Fourth Circuit.

Decided January 21, 1987.

Attorney(s) appearing for the Case

David M. Hayes, Detroit, Mich. (M. Diane Vogt, Clark, Klein & Beaumont, John C. Moore, Coates & Comess, Richmond, Va., on brief) for appellant/cross appellee.

Robert M. Rolfe, Richmond, Va. (Jessica Sanders Jones, Hunton & Williams, on brief) for appellee/cross appellant.

Before HALL, Circuit Judge, HAYNSWORTH, Senior Circuit Judge, and CLARKE, United States District Judge for the Eastern District of Virginia, sitting by designation.

K.K. HALL, Circuit Judge:

In this consolidated appeal and cross-appeal, Hoover Universal, Inc. ("Hoover"), a Michigan corporation, appeals from an order of the district court granting summary judgment in favor of Brockway Imco, Inc. ("Imco"), in a diversity action alleging breach of warranty and fraud arising from the sale of certain pieces of industrial equipment. Imco, a Delaware corporation doing business in the state of Virginia, cross-appeals the denial of its...

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