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U.S. APRONS, INC. v. R-FIVE, INC.

No. 7:08CV5003.

676 F.Supp.2d 837 (2009)

U.S. APRONS, INC., A Nebraska Corporation, Plaintiff, v. R-FIVE, INC., Defendant.

United States District Court, D. Nebraska.

December 14, 2009.

Attorney(s) appearing for the Case

Michael D. Samuelson, R. Kevin O'Donnell, McGinley, O'Donnell Law Firm, Ogallala, NE, for Plaintiff.

David J. Bargen, Mark A. Fahleson, Rembolt, Ludtke Law Firm, Lincoln, NE, Defendant.

MEMORANDUM AND ORDER

RICHARD G. KOPF, District Judge.

The plaintiff's complaint alleges U.S. Aprons, Inc., ("U.S. Aprons"), purchased fabric from R-Five, Inc., ("R-Five"), to manufacture a total of 25,325 disaster vests for the American Red Cross. The plaintiff claims that after some of the vests were distributed, it received complaints of fabric discoloration. The fabric was allegedly tested and found to be defective, and due to this defect, 4,102 disaster...

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