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MILLIKEN & COMPANY v. DURO TEXTILES, LLC

SJC-10043.

451 Mass. 547 (2008)

MILLIKEN & COMPANY v. DURO TEXTILES, LLC, & others.

Supreme Judicial Court of Massachusetts, Bristol.

May 30, 2008.

Attorney(s) appearing for the Case

Jeffrey J. Upton for plaintiff.

Hillary Richard, of New York (Ian Crawford with her) for Duro Textiles, LLC, & others.

Present: GREANEY, IRELAND, SPINA, COWIN, CORDY, & BOTSFORD, JJ.

SPINA, J.

On November 14, 2002, Milliken & Company (Milliken) filed an action in the Superior Court to recover a $8,754,680.11 trade debt owed by Duro Industries, Inc. (Old Duro). Milliken sought recovery from Duro Textiles, LLC (New Duro), as the corporate successor of Old Duro.2 The essence of Milliken's first amended complaint for damages and declaratory relief (complaint) was that Patriarch...

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