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LWT, INC. v. CHILDERS

No. 93-2198.

19 F.3d 539 (1994)

LWT, INC., Plaintiff-Counter-Defendant-Appellee, v. Yildiz G. CHILDERS, Defendant, and Childers Manufacturing Company, Inc., Defendant-Counter-Claimant-Appellant.

United States Court of Appeals, Tenth Circuit.

March 18, 1994.

Attorney(s) appearing for the Case

Jason W. Kent of Kent & Widland, P.C., Albuquerque, New Mexico, for plaintiff-counter-defendant-appellee.

John S. Thal and J.H. Mahaney of Atkinson & Thal, P.C., Albuquerque, New Mexico, for defendant-counter-claimant-appellant.

Before MOORE and KELLY, Circuit Judges, and BRIMMER, District Judge.

PAUL KELLY, Jr., Circuit Judge.

Defendant-appellant Childers Manufacturing Co. (Childers) appeals from several district court orders entered during the course of litigation below. We have jurisdiction under 28 U.S.C. § 1291 and we reverse and remand.

Briefly, plaintiff-appellee LWT brought suit for, among other things, breach of express warranties and breach of the implied warranties of merchantability and fitness...

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