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PERMANENCE CORP. v. KENNAMETAL, INC.

No. 88-1442.

725 F.Supp. 907 (1989)

PERMANENCE CORPORATION, a Michigan Corporation, Plaintiff, v. KENNAMETAL, INC., a Pennsylvania Corporation, Defendant.

United States District Court, E.D. Michigan, S.D.

May 18, 1989.

Attorney(s) appearing for the Case

Ronald C. Winiemko of Conner, Harbour & Green, P.C., Bloomfield Hills, Mich. (Armand Kunz, Golden & Kunz, Southfield, Mich., of counsel), for plaintiff.

Ernie Brooks, Mark Cantor and Christopher Fildes, Southfield, Mich., for defendant.

MEMORANDUM OPINION

RALPH M. FREEMAN, District Judge.

Before the court is defendant's motion for summary judgment pursuant to Federal Rule of Civil Procedure 56(c). In this diversity action, plaintiff seeks damages for the breach of an implied obligation of a licensing agreement. Plaintiff's complaint includes the following averments:

4. On the 8th day of February, 1979, the parties hereto did enter into a written agreement, ..., whereby plaintiff...

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