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TRANS-SPEC TRUCK SERVICE, INC. v. CATERPILLAR INC.

No. 07-1476.

524 F.3d 315 (2008)

TRANS-SPEC TRUCK SERVICE, INC., d/b/a Truck Service, Plaintiff, Appellant, v. CATERPILLAR INC., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided April 30, 2008.

Attorney(s) appearing for the Case

Christian G. Samito, with whom Nancy M. Reimer and Donovan Hatem LLP were on brief, for plaintiff-appellant.

John A.K. Grunert, with whom Campbell Campbell Edwards & Conroy, P.C. was on brief, for defendant-appellee.

Before TORRUELLA, LIPEZ, and HOWARD, Circuit Judges.

LIPEZ, Circuit Judge.

This case requires us to apply the accrual and statute of limitations provisions of the Uniform Commercial Code of Massachusetts to breach of warranty claims brought by Trans-Spec Truck Service ("Trans-Spec") against Caterpillar, Inc. Trans-Spec purchased twenty-two heavy-duty, custom-built trucks powered by Caterpillar engines. More than four and a half years after it took delivery of the trucks, Trans-Spec filed suit against Caterpillar, alleging...

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