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BMC INDUSTRIES, INC. v. BARTH INDUSTRIES, INC.

Nos. 95-5137, 95-5338.

160 F.3d 1322 (1998)

BMC INDUSTRIES, INC., Plaintiff-Appellee, v. BARTH INDUSTRIES, INC., Nesco, Inc., f.k.a. Nesco Management, Inc., Barth Industries Co. Limited Partnership, BIC Corporation, Nesco Holdings, Inc., f.k.a. Nesco, Inc., Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

November 18, 1998.

Attorney(s) appearing for the Case

Arthur J. England, Jr., John G. Crabtree, Greenberg, Traurig, Hoffman, Lipoff, Rosen & Quentel, P.A., Miami, FL, for Defendants-Appellants.

John R. Hargrove, Heinrich, Gordon, Hargrove, Weihe & James, Ft. Lauderdale, FL, for Plaintiff-Appellee.

Before TJOFLAT and BARKETT, Circuit Judges, and GODBOLD, Senior Circuit Judge.

TJOFLAT, Circuit Judge:

This appeal arises from a contract entered into between BMC Industries, Inc., and Barth Industries, Inc., for the design, manufacture, and installation of equipment to automate BMC's production line for unfinished eyeglass lenses. Eighteen months after the delivery date set out in the contract had passed, BMC filed suit against Barth for breach of contract.1 Barth, in turn, counterclaimed for breach of contract...

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