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MIDDLETOWN CONCRETE PRODUCTS v. BLACK CLAWSON CO.

Civ. A. No. 90-668 MMS.

802 F.Supp. 1135 (1992)

MIDDLETOWN CONCRETE PRODUCTS, INC., a Delaware corporation, Plaintiff, v. BLACK CLAWSON CO., an Ohio corporation, and Hydrotile Machinery Co., an Iowa corporation, Defendants.

United States District Court, D. Delaware.

August 28, 1992.

Attorney(s) appearing for the Case

James S. Green and Mark E. Steiner of Duane, Morris & Heckscher, Wilmington, Del., for plaintiff.

Carl Schnee, and Joseph Grey of Prickett, Jones, Elliott, Kristol & Schnee, Wilmington, Del.; Robert Braunschweig and Richard C. Raymond, of Braunschweig Rachlis Fishman & Raymond, P.C., of counsel, for defendants.

OPINION

MURRAY M. SCHWARTZ, Senior District Judge.

On October 11, 1990, Middletown Concrete Products, Inc. ("MCP") filed a complaint against Black Clawson Co. ("Black Clawson") and Hydrotile Machinery Company ("Hydrotile") over the sale of machinery for which the contract price exceeded $2,000,000. Before the Court now in this diversity action is MCP's motion for summary judgment on counts I and II and defendants' motion for summary judgment on all counts...

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