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SMITH & LOVELESS, INC. v. CAICOS CORP.

No. 04-2384-JPO.

471 F.Supp.2d 1140 (2007)

SMITH & LOVELESS, INC., Plaintiff, v. CAICOS CORPORATION, Defendant.

United States District Court, D. Kansas.

February 1, 2007.

Attorney(s) appearing for the Case

Dan C. Sanders, Monaco, Sanders, Gotfredson, Racine & Barber, L.C., Kansas City, MO, for Plaintiff.

Bernard L. Balkin, Keith Witten, Gilliland & Hayes, PC, Kansas City, MO, Bradley Lew Powell, Bryan A. Kelley, Oles Morrison Rinker & Baker, LLP, Seattle, WA, for Defendant.

MEMORANDUM AND ORDER

O'HARA, United States Magistrate Judge.

I. Introduction

This is a "battle of the forms" contract case under section 2-207 of the Uniform Commercial Code ("UCC"). The plaintiff, Smith & Loveless, Inc. ("Smith"), claims that the defendant, Caicos Corporation ("Caicos"), breached a contract for the sale of four specially manufactured wastewater pumps and related equipment, by failing to make full payment. Caicos has...

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