Metal shavings in my transmission

I am sure they put a “new” transmission in (it may have been rebuilt, but it was not the same transmission) I am 100 percent sure of this because I was working with a non dealership garage on this also when it started making the noise again I took it there and he said “look at that nice new shiny transmission”. I keep taking it back to the dealership because I bought it there and it’s still under warranty until August 2011. I have not paid for any of these new transmissions.