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FOURNIER FURNITURE, INC. v. WALTZ-HOLST BLOW PIPE CO.

No. CIV.A. 96-152-A.

980 F.Supp. 187 (1997)

FOURNIER FURNITURE, INC., Plaintiff, v. WALTZ-HOLST BLOW PIPE COMPANY, Defendant.

United States District Court, W.D. Virginia, Abingdon Division.

November 3, 1997.

Attorney(s) appearing for the Case

Mary Lynn Tate, Tate, Lowe & Rowlett, Abingdon, VA, for Plaintiff.

Emmitt F. Yeary, Yeary & Associates, Abingdon, VA, Stephen A. Hilger, Rhoades, McKee, Boer, Goodrich & Titta, Grand Rapids, MI, for Defendant.

OPINION AND ORDER

JONES, District Judge.

In this diversity action, the plaintiff seeks recovery because an industrial furnace designed, constructed and installed by the defendant allegedly failed to perform as promised. The defendant moves for summary judgment, claiming that there were no express warranties in the contract between the parties, and that because the contract does not fall within the Uniform Commercial Code, there were no implied warranties...

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