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EMMERT INDUS. CORP. v. ARTISAN ASSOCIATES, INC.

No. 05-35622.

497 F.3d 982 (2007)

EMMERT INDUSTRIAL CORPORATION, an Oregon corporation, Plaintiff-Appellant, v. ARTISAN ASSOCIATES, INC., a Michigan corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 13, 2007.

Attorney(s) appearing for the Case

Jeffry S. Garrett, Vicki L. Smith, Lane Powell PC, Portland, OR, for the plaintiff-appellant.

Frederick R. Damm, Clark Hill PLC, Detroit, MI, for the defendant-appellee.

Before: ALFRED T. GOODWIN, STEPHEN REINHARDT, and MILAN D. SMITH, JR., Circuit Judges.

GOODWIN, Senior Circuit Judge:

Emmert Industrial Corporation ("Emmert") appeals a summary judgment in favor of Artisan Associates, Incorporated ("Artisan") on Emmert's three contract claims arising from the parties' agreement for the transportation of industrial metal-stamping presses and press components. We affirm in part, reverse in part, and remand to the district court for further proceedings.

I. FACTS AND PROCEEDINGS...

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