SADLER v. REXAIR, INC.

No. CV-84-117-BLG.

612 F.Supp. 491 (1985)

Donald SADLER, d/b/a D & H Inc., a/k/a D & H Vacuum, Plaintiff, v. REXAIR, INC. a Subsidiary of Kidde, Inc. and Kidde, Inc. Defendants.

United States District Court, D. Montana, Billings Division.

March 25, 1985.


Attorney(s) appearing for the Case

Jerome J. Cate, Cate Law Firm, Billings, Mont., for plaintiff.

Stephen H. Foster and Brian C. Donovan, Holland & Hart, Billings, Mont., and Roy L. Shults, Mitchell Silberberg & Knupp, Los Angeles, Cal., for defendants.


MEMORANDUM OPINION

BATTIN, Chief Judge.

This case is before the Court on defendants' motion to dismiss Counts Two, Three, and Four of plaintiff's amended complaint. For the reasons stated below, the defendants' motion is granted.

Facts and Procedure

On March 5, 1981, the plaintiff and defendant Rexair entered into a contract in which defendant agreed to supply Rainbow Vacuum Cleaners to plaintiff for resale. On January 20, 1984,...

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