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ALLENS MFG. CO., INC. v. NAPCO, INC.

No. 92-2276.

3 F.3d 502 (1993)

ALLENS MANUFACTURING COMPANY, INC., Plaintiff, Appellant, v. NAPCO, INC., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided August 25, 1993.

Attorney(s) appearing for the Case

Michael J. McGovern with whom Indeglia & McGovern, Providence, RI, was on brief, for appellant.

Mark A. Pogue with whom Deming E. Sherman and Edwards & Angell, Providence, RI, were on brief, for appellee.

Before BREYER, Chief Judge, FRIEDMAN, Senior Circuit Judge, and STAHL, Circuit Judge.

BREYER, Chief Judge.

Allens Manufacturing Co. brought this diversity action against Napco, Inc., claiming that Napco failed to provide it with proper "clean up" equipment, as promised, and on time. Allens adds that this failure is responsible for a significant part of a $210,000 fine that Allens has agreed to pay the Environmental Protection Agency ("EPA"). After listening to Allens' proposed evidence about damages — evidence designed to show for what portion...

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