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United States First Circuit

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SAINT-GOBAIN INDUS. CERAMICS INC. v. WELLONS, INC., 00-1928, 00-1929

Because Massachusetts has not adopted Section 2-725(2) of the UCC, stating that the date of breach of warranty is the date of delivery of the goods for purposes of awarding prejudgment interest, the award may only run from the date of filing the claim.

Appellate Information

  • Decided 04/26/2001
  • Published 04/26/2001

Judges

  • LYNCH, Circuit Judge., Before LYNCH, Circuit Judge, BOWNES, Senior Circuit Judge, and LIPEZ, Circuit Judge.

Court

  • United States First Circuit

Counsel

  • For Appellant:
  • Kenneth I. Levin, with whom Paul G. Morrissey and Pepper Hamilton LLP, were on brief, for appellant.

  • For Appellees:
  • James A.G. Hamilton, with whom Susan E. Stenger, Andrew F. Caplan, and Perkins, Smith & Cohen, LLP, were on brief, for appellee.

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