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BABCOCK & WILCOX CO. v. HITACHI AMERICA, LTD.

No. 5:05-CV-00047.

406 F.Supp.2d 819 (2005)

The BABCOCK & WILCOX COMPANY, Plaintiff, v. HITACHI AMERICA, LTD., Defendant.

United States District Court, N.D. Ohio.

December 14, 2005.

Attorney(s) appearing for the Case

Kelly L. Hellmuth, Robert D. Windus, Robert M. Moore, Moore & Lee, McLean, VA, Ronald S. Kopp, Mariam A. Shah, Stephen W. Funk, Roetzel & Andress, Akron, OH, for Plaintiff.

James D. Thomas, Colin R. Jennings, Stacy D. Ballin, Squire, Sanders & Dempsey, Cleveland, OH, for Defendant.

MEMORANDUM & OPINION

[Resolving Doc. Nos. 44, 53]

GWIN, District Judge.

On January 10, 2005, Plaintiff Babcock & Wilcox Company ("B & W") sued Defendant Hitachi America, Ltd. ("Hitachi"). In its complaint, the plaintiff asserts claims for: (1) breach of contract; (2) breach of express warranty; (3) breach of implied warranty of fitness for a particular purpose; and (4) breach of the obligation...

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