J.S. McCARTHY, CO. v. BRAUSSE DIECUTTING & CONVERTING EQUIP.

No. CIV. 04-107-B-W.

340 F.Supp.2d 54 (2004)

J.S. McCARTHY, CO., INC., d/b/a J.S. McCarthy Printers, Plaintiff, v. BRAUSSE DIECUTTING & CONVERTING EQUIPMENT, INC., Defendant

United States District Court, D. Maine.

October 19, 2004.


Attorney(s) appearing for the Case

Jeffrey W. Peters, Preti, Flaherty, Beliveau, Pachios & Haley, LLC, Portland, ME, for J.S. McCarthy Co., Inc., dba J.S. McCarthy Printers, Plaintiffs.

Sidney St. F. Thaxter, Curtis, Thaxter, Stevens, Broder & Micoleau, Portland, ME, for Brausse Diecutting and Converting Equipment, Inc., Defendant.


ORDER ON DEFENDANT'S MOTION TO DISMISS COUNTS III, IV AND VI OF PLAINTIFF'S COMPLAINT

WOODCOCK, District Judge.

J.S. McCarthy Co., Inc. (McCarthy) claims Brausse Diecutting & Converting Equipment, Inc. (Brausse) sold it a defective machine and delivered it late. Brausse has moved to dismiss three counts of McCarthy's seven-count complaint. Because the contract has effectively excluded the implied warranties of merchantability and fitness and because...

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