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GRAY & CO. v. FIRSTENBERG MACHINERY CO., INC.

No. 89-35527.

913 F.2d 758 (1990)

GRAY & COMPANY, an Oregon corporation, Plaintiff-Appellee, v. FIRSTENBERG MACHINERY COMPANY, INC.; Polk Machinery, Inc., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided September 7, 1990.

Attorney(s) appearing for the Case

Richard Grossman, Dannen, Crane, Heyman & Simon, Chicago, Ill., for defendants-appellants.

Peter H. Koehler, Jr., Tonkon, Torp, Galen, Marmaduke & Booth, Portland, Or., for plaintiff-appellee.

Before BROWNING, ALARCON and KOZINSKI, Circuit Judges.

PER CURIAM:

Plaintiff Gray & Company, Inc. (Gray) brought this action for misrepresentation, rescission and breach of warranty. Defendants Firstenberg Machinery Company, Inc. (Firstenberg) and Polk Machinery, Inc. (Polk) appeal from the judgment entered against them after a bench trial. We vacate the judgment below because the district court lacked personal jurisdiction over defendants-appellants.

I.

Gray, a manufacturer of processed foods, is...

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