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Szabo v. Bridgeport Machines, Inc.

United States District Court for the Northern District of Indiana
199 F.R.D. 280 (N.D. Ind. 2001)


Indiana resident John D. Szabo, d/b/a/ Zatron (plaintiff) purchased a vertical machining center from Bridgeport Machines, Inc. (Bridgeport) (defendant), a Delaware corporation with its principal place of business in Connecticut. Szabo claimed the machine did not comply with the technical specifications or performance characteristics in Bridgeport’s promotional materials and its alleged agent’s offer letter. Szabo argued Bridgeport knew the machine’s control unit was defective; thus the promotional materials and offer letter were fraudulent. Szabo sued in federal court, alleging negligent misrepresentation, fraud, and breach of warranties. Szabo moved for class certification under Federal Rules of Civil Procedure (FRCP) 23(a) and 23(b)(3) for anyone who: (1) bought a Bridgeport machining center or milling machine with the allegedly defective control panel within a specified time period and (2) suffered damage.

Rule of Law


Holding and Reasoning (Lee, C.J.)

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