IN RE DYNACO CORP.

Bankruptcy Nos. 93-12141 JEY, No. 93-12142 JEY. Adv. No. 95-1025 JEY.

200 B.R. 750 (1996)

In re DYNACO CORPORATION, Dynaco West Corporation, Debtors. DYNACO CORPORATION, Plaintiff, v. KLA INSTRUMENTS CORPORATION, Defendant.

United States Bankruptcy Court, D. New Hampshire.

August 30, 1996.


Attorney(s) appearing for the Case

Robert E. Murphy, Wadleigh Law Office, Manchester, NH, for Plaintiff.

Richard L. Levine, Hill & Barlow, Boston, MA, for Defendant.

Geraldine Karonis, Asst. U.S. Trustee, Manchester, NH.


MEMORANDUM OPINION

JAMES E. YACOS, Chief Judge.

This adversary proceeding presents as a key issue whether the statute of limitations pertaining to a sale of goods is tolled by a seller's assurances that it can make its delivered product perform. This matter came before the Court on a "Motion to Dismiss Pursuant to Federal Rule 12(b)(6)" filed by the defendant (Court Doc. No. 19) with regard to the "First...

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