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2d Cir 5th Cir abuse of process advertising affd alleged American applying federal law applying New York applying Ohio law Ass'n attorney breach Burroughs Corp buyer cause of action cert commercial common law comparative fault computer system Constr consumer contract court held Credit criminal defective defendant defendant's Dist duty Elec employees Frumer Indus injury Int'l lender liability in tort Liability Practice Guide litigation loan Mach malicious prosecution manufacturer Matthew Bender 1988 misrepresentation Nat'l Bank negligence Ohio Ohio App Ohio St party person plaintiff probable cause proceedings Prods Products Liability Products Liability Practice punitive damages reasonable recovery References Restatement Second Rptr Sales sections and footnotes seller Smith Stat statute strict liability Supp supra theory Toxic Torts Uniform Commercial Code United Vargo vendor warn warranty York law