KELLEY METAL TRADING CO. v. AL-JON/UNITED, INC.

No. 92-4116-RDR.

877 F.Supp. 1478 (1995)

KELLEY METAL TRADING COMPANY, Plaintiff, v. AL-JON/UNITED, INC., Defendant.

United States District Court, D. Kansas.

February 21, 1995.


Attorney(s) appearing for the Case

Donald Patterson, Fisher, Patterson, Sayler & Smith, Topeka, KS, Elliot M. Kaufman, Ronald H. Isroff, F. Thomas Vickers, James A. DeRoche, Ulmer & Berne, Cleveland, OH, Brenda L. Head, Davis, Unrein, Hummer, McCallister & Buck, Topeka, KS, Gregory Whitney, Pittsburgh, PA, for Kelley Metal Trading Co.

Kelley Metal Trading Co., pro se.

John H. Stauffer, Jr., Harold S. Youngentob, Goodell, Stratton, Edmonds & Palmer, Topeka, KS, Mark I. Wallach, David James Carney, Calfee, Halter & Griswold, Cleveland, OH, Curtis S. Sneden, Topeka, KS, for Al-Jon/United, Inc.


MEMORANDUM AND ORDER

ROGERS, Senior District Judge.

This matter is presently before the court upon plaintiff's motion for a new trial. Having carefully reviewed the arguments of the parties, the court is now prepared to rule.

On November 16, 1994, a jury found for the defendant on plaintiff's breach of express warranty claim, the remaining claim in this case. Prior to the verdict, the court had entered judgment for the defendant as a matter...

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