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AMERICAN TRIM, L.L.C. v. ORACLE CORP.

No. 02-4186.

383 F.3d 462 (2004)

AMERICAN TRIM, L.L.C., Plaintiff-Appellee, v. ORACLE CORPORATION, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed September 1, 2004.

Attorney(s) appearing for the Case

Jeffrey S. Creamer, Shumaker, Loop & Kendrick, Toledo, OH, James E. Burke, III (argued and briefed), Steven C. Coffaro (briefed), Keating, Muething & Klekamp, Cincinnati, OH, for Plaintiffs-Appellees.

Walter J. Rekstis, III, James D. Thomas (argued and briefed), Harris A. Senturia (briefed), Squire, Sanders & Dempsey, Cleveland, OH, Andrew L. Frey (briefed), Mayer, Brown, Rowe & Maw, LLP, New York, NY, Robert L. Bronston (briefed), Mayer, Brown, Rowe & Maw, Washington DC, Karen P. Scarr (briefed), Dorian Daley (briefed), Oracle Corporation, Redwood City, CA, for Defendants-Appellants.

Before: SUHRHEINRICH and GIBBONS, Circuit Judges; LAWSON, District Judge.

OPINION

GIBBONS, Circuit Judge.

Plaintiff-appellee American Trim, LLC ("American Trim") brought suit against defendant-appellant Oracle Corporation ("Oracle"), alleging claims of breach of contract, breach of express and implied warranties, negligent misrepresentation, and fraudulent inducement stemming from Oracle's sale of a software package to American Trim. Following a denial of Oracle's motion for partial summary judgment, the district court divided...

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