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MILLEN INDUSTRIES, INC. v. FLEXO-ACCESSORIES CO.

No. CIV.A. 96-10174-GAO.

5 F.Supp.2d 72 (1998)

MILLEN INDUSTRIES, INC., Plaintiff, v. FLEXO-ACCESSORIES CO., INC., d/b/a Propheteer International, Defendant.

United States District Court, D. Massachusetts.

July 10, 1998.

Attorney(s) appearing for the Case

Martin I. Eisenstein, Roy T. Pierce, Brann & Isaacson, Lewiston, ME, for Millen Industries, Inc.

Alexandra H. Glover, Sugarman, Rogers, Barshak & Cohen, Boston, MA, Robert M. Kaplan, Palatine, IL, David T. Rallo, Rallo & Tepper, Chicago, IL, David Barry, for Flexo-Accessories Co., Inc.

MEMORANDUM AND ORDER

O'TOOLE, District Judge.

In February of 1993, the plaintiff, Millen Industries, Inc. ("Millen"), entered into a contract to purchase a specialized printing press from defendant Flexo-Accessories Co., Inc. ("Flexo") at a cost of $430,365.00. The plaintiff has sued for damages, claiming that the press does not function as promised. The defendant has counterclaimed for breach of contract and for declaratory relief. The matter is...

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