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MARLEY COOLING TOWER v. CALDWELL ENERGY & ENVIRON.

No. CIV.A.3:02CV-32-H.

280 F.Supp.2d 651 (2003)

THE MARLEY COOLING TOWER COMPANY Plaintiff v. CALDWELL ENERGY & ENVIRONMENTAL, INC. Defendant

United States District Court, W.D. Kentucky.

August 30, 2003.

Attorney(s) appearing for the Case

Lester I. Adams, Jr., Ronald L. Gaffney, Pedley Zielke Gordinier & Pence, PLLC, Louisville, KY, for Plaintiff.

Robert M. Connolly, Stites & Harbison, Louisville, KY, for Defendant.

MEMORANDUM OPINION

HEYBURN, Chief Judge.

Plaintiff Marley Cooling Tower Company ("Marley") and Defendant Caldwell Energy & Environmental, Inc. ("Caldwell") filed cross-motions for summary judgment. Both sides contend that the main issue is whether the Caldwell-Marley agreement entitles Caldwell to hold Marley liable for losses it sustained as a result of Marley's late delivery. Having reviewed the contract and the type of damages Caldwell incurred, the...

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