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  5. 734 F.Supp. 896 (1990)
 

HOSPITAL PRODUCTS, INC. v. STERILE DESIGN, INC.

No. 88-1186C(1).

734 F.Supp. 896 (1990)

HOSPITAL PRODUCTS, INC., Plaintiff, v. STERILE DESIGN, INC., Defendant.

United States District Court, E.D. Missouri.

April 4, 1990.

Attorney(s) appearing for the Case

Mitchell Kramer, Philadelphia, Pa., J. Peter Schmitz, Biggs & Hensley, St. Louis, Mo., for plaintiff.

J. William Newbold, Coburn, Croft & Putzell, St. Louis, Mo., for defendant.

MEMORANDUM

NANGLE, Chief Judge.

This matter is now before the Court on defendant's motion for summary judgment on Counts I, II and III of plaintiff's complaint.

I. Facts

The following facts are undisputed:

In February of 1982, Hospital Products, Inc., ("Hospital Products") entered into a contract with Custom Hospital Products, Inc., ("Custom Products") wherein the parties to the contract agreed that Hospital Products would...

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