MIDWEST MOBILE DIAGNOSTIC IMAGING v. DYNAMICS CORP.

No. 4:96 CV 9.

965 F.Supp. 1003 (1997)

MIDWEST MOBILE DIAGNOSTIC IMAGING, L.L.C., a Delaware Limited Liability Company, Plaintiff, v. DYNAMICS CORPORATION OF AMERICA, a New York corporation, d/b/a Ellis & Watts, Defendant.

United States District Court, W.D. Michigan.

May 28, 1997.


Attorney(s) appearing for the Case

David G. Crocker, Early, Lennon, Peters & Crocker, PC, Kalamazoo, MI, for Midwest Mobile Diagnostic Imaging, L.L.C.

Bruce A. Hoffman, Graydon, Head & Ritchey, Cincinnati, OH, Stephen M. Denenfeld, Lewis & Allen, Kalamazoo, MI, Harry J. Finke, IV, Graydon, Head & Ritchey, Cincinnati, OH, for Dynamics Corp. of America.

Lawrence J. Murphy, Howard & Howard, Lansing, MI, for VFM.


OPINION

ENSLEN, Chief Judge.

I. INTRODUCTION

Plaintiff Midwest Mobile Diagnostic Imagining, L.L.C. [hereinafter "MMDI"] brings this diversity action against defendant Ellis & Watts, d/b/a Dynamics Corporation of America [hereinafter "E&W"], seeking damages for 1) breach of a sales contract for the purchase of four mobile MRI units1 and 2) misrepresentation. Defendant, the seller, counterclaims for damages...

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