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FLEMING COMPANIES, INC. v. KRIST OIL CO.

No. 03-C-221-C.

324 F.Supp.2d 933 (2004)

FLEMING COMPANIES, INC., Plaintiff, v. KRIST OIL CO., Defendant.

United States District Court, W.D. Wisconsin.

Order Denying Motion to Amend July 20, 2004.

Attorney(s) appearing for the Case

Valerie L. Bailey-Rihn, for Plaintiff.

Donn Atanasoff, Attorney at Law, Iron River, Susan Douglas MacGregor, Kitch Drutchas Wagner Denardis, Marquette, MI, for Defendant.

OPINION AND ORDER

CRABB, District Judge.

In this civil action for monetary relief, plaintiff Fleming Companies, Inc. claims that defendant Krist Oil Co. breached the parties' contract by failing to pay for certain merchandise that it ordered from plaintiff. In response, defendant brought five counterclaims: (1) breach of contract; (2) breach of warranty of fitness for a particular purpose; (3) misrepresentation or fraud; (4) violation of the Wisconsin Fair...

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