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MONTGOMERY RUBBER AND GASKET CO., INC. v. BELMONT MACHINERY CO., INC.

Civil Action No. 03-T-147-N.

308 F.Supp.2d 1293 (2004)

MONTGOMERY RUBBER AND GASKET COMPANY, INC., Plaintiff, v. BELMONT MACHINERY COMPANY, INC., and Brent Woody, d/b/a Woody Machinery Company, Defendants.

United States District Court, M.D. Alabama, Northern Division.

February 17, 2004.

Attorney(s) appearing for the Case

D. Mitchell Henry, William H. Webster, Thomas A. Treadwell, Webster Henry & Lyons PC, Montgomery, AL, for plaintiff.

Norman Gunter Guy, Jr., Ball, Ball, Matthews & Novak, P.A., Montgomery, AL, Jerrold M. Facktor, Facktor & Associates, Ltd., Chicago, IL, John T. Alley, Jr., Birmingham, AL, for defendants/cross-claimant/cross-defendants.

OPINION

MYRON H. THOMPSON, District Judge.

Plaintiff Montgomery Rubber and Gasket Company, Inc. brought this lawsuit against defendants Belmont Machinery Company, Inc. and Brent Woody, d/b/a Woody Machinery Company, claiming that, in selling a "Berthiez Vertical Boring Mill" to Montgomery Rubber, Belmont Machinery and Woody represented that the mill would be in working condition, but that when it was delivered it was inoperable. Montgomery Rubber asserts...

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