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SOUTHERN TRACK & PUMP, INC. v. TEREX CORP.

Civil Action No. 08-543-JJF.

623 F.Supp.2d 558 (2009)

SOUTHERN TRACK & PUMP, INC., Plaintiff, v. TEREX CORPORATION d/b/a Terex, Construction Americas, Defendant.

United States District Court, D. Delaware.

June 9, 2009.

Attorney(s) appearing for the Case

Peter J. Walsh, Jr., Esquire and Suzanne M. Hill, Esquire of Potter Anderson & Corroon LLP, Wilmington, DE, for Plaintiff Southern Track & Pump, Inc.

Cary E. Hiltgen, Esquire and Jeff C. Grotta, Esquire of Hiltgen & Brewer, Oklahoma City, OK, AnnaMartina Tyreus, Esquire of Womble Carlyle Sandridge & Rice, PLLC, Wilmington, DE, for Defendant Terex Corporation.

MEMORANDUM OPINION

FARNAN, District Judge.

Presently before the Court is Defendant's Motion To Dismiss (D.I. 9), which originally sought dismissal of Plaintiff's entire Complaint. However, after an amendment to the Complaint, Defendant now seeks dismissal of only Count III of the Amended Complaint for breach of the implied covenant of good faith and fair dealing. Also before the Court is Defendant's...

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