IMC CHEMICALS, INC. v. NIRO, INC.

No. 98-2348-JTM.

95 F.Supp.2d 1198 (2000)

IMC CHEMICALS, INC., f/k/a North American Chemical Co., Plaintiff, v. NIRO, INC., Defendant and Third-Party Plaintiff, v. DEC International, Inc., Third-Party Defendant.

United States District Court, D. Kansas.

April 27, 2000.


Attorney(s) appearing for the Case

Floyd R. Finch, Jr., Blackwell Sanders Peper Martin LLP, Kansas City, MO, Tara E. Foss, Foland & Wickens, P.C., Kansas City, MO, for IMC Chemicals, Inc.

Samuel P. Logan, James K. Logan, Logan Law Firm LLC, Olathe, KS, E. Hutchinson Robbins, Jefferson V. Wright, Miles & Stockbridge P.C., Baltimore, MD, for Niro, Inc.

Brett C. Coonrod, Spencer J. Brown, Deacy & Deacy, Kansas City, MO, David Easton, Michael J. Modl, Andrew J. Clarkowski, Axley Brynelson, LLP, Madison, WI, for DEC Intern., Inc.


MEMORANDUM ORDER

MARTEN, District Judge.

Currently before the court in this action involving a dispute as to the construction of industrial fluid bed dryers for the production of soda ash are (1) the summary judgment motion by defendant Niro, Inc., seeking dismissal of the claim for consequential damages by plaintiff IMC Chemicals, Inc., (2) IMC's motion to amend its complaint, which would allow the introduction of fraud and fraudulent inducement...

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