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MCC-MARBLE CERAMIC CENTER v. CERAMICA NUOVA D'AGOSTINO, S.P.A.

No. 97-4250.

144 F.3d 1384 (1998)

MCC-MARBLE CERAMIC CENTER, INC., Plaintiff-Counter-Defendant-Appellant, v. CERAMICA NUOVA D'AGOSTINO, S.P.A., Defendant-Counter-Claimant-Appellee.

United States Court of Appeals, Eleventh Circuit.

June 29, 1998.

Attorney(s) appearing for the Case

Roy D. Wasson, Miami, FL, for Plaintiff-Counter-Defendant-Appellant.

Herbert Rubin, Herzfeld & Rubin, New York City, for Defendant-Counter-Claimant-Appellee.

Before EDMONDSON and BIRCH, Circuit Judges, and FAY, Senior Circuit Judge.

BIRCH, Circuit Judge:

This case requires us to determine whether a court must consider parol evidence in a contract dispute governed by the United Nations Convention on Contracts for the International Sale of Goods ("CISG").1 The district court granted summary judgment on behalf of the defendant-appellee, relying on certain terms and provisions that appeared on the reverse of a pre-printed form contract for the sale of ceramic tiles. The...

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