UNITED DOMINION INDUSTRIES v. OVERHEAD DOOR CORP.

No. C-C-91-18-MU.

762 F.Supp. 126 (1991)

UNITED DOMINION INDUSTRIES, INC., Plaintiff, v. OVERHEAD DOOR CORP., Defendant.

United States District Court, W.D. North Carolina, Charlotte Division.

April 11, 1991.


Attorney(s) appearing for the Case

David C. Wright, III, Robinson, Bradshaw & Hinson, Charlotte, N.C., for plaintiff.

John T. Allred, F. Joseph Tracy, Jr., Petree, Stockton & Robinson, Charlotte, N.C., Terence M. Murphy, Jones, Day, Reavis & Pogue, Dallas, Tex., for defendant.


ORDER

MULLEN, District Judge.

This matter is before the Court on defendant's motion to dismiss the third count of the complaint. After a hearing on the motion, the Court took the matter under advisement.

United Dominion Industries, Inc. ("United Dominion") brought this action against Overhead Door Corporation ("Overhead Door") regarding its recent purchase of the assets of AEP-Span, a division of Overhead Door. The complaint alleges breaches of the...

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