WEBCOR PACKAGING CORP. v. AUTOZONE, INC.

No. 96-2106.

158 F.3d 354 (1998)

WEBCOR PACKAGING CORPORATION, a Michigan corporation, Plaintiff-Appellant, v. AUTOZONE, INC., a Nevada corporation, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided September 23, 1998.


Attorney(s) appearing for the Case

Peter T. Mooney (argued and briefed), Sander H. Simen (briefed), Simen, Figura & Parker, Flint, MI, for Plaintiff-Appellant.

F. Robert Schmelzer (argued), Christopher A. Hajek (briefed), Gault, Davison, Bowers, Hill, Parker & McAra, Flint, MI, for Defendant-Appellee.

Before: JONES, NELSON, and RYAN, Circuit Judges.


JONES, J., delivered the opinion of the court, in which NELSON, J., joined. RYAN, J. (p. 361), delivered a separate concurring opinion.

OPINION

NATHANIEL R. JONES, Circuit Judge.

The parties in this case have framed the issue as one of first impression: whether the "ultimate purchaser" of unique goods may be considered as the buyer for purposes of the specially manufactured goods exception to the statute...

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