BABCOCK & WILCOX CO. v. CORMETECH, INC.

No. 16-3305.

848 F.3d 754 (2017)

The BABCOCK & WILCOX COMPANY, Plaintiff-Appellant, v. CORMETECH, INC., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 15, 2017.


Attorney(s) appearing for the Case

ARGUED: Ronald S. Kopp , ROETZEL & ANDRESS, LPA, Akron, Ohio, for Appellants. Bradley J. Barmen , LEWIS BRISBOIS BISGAARD & SMITH, LLP, Cleveland, Ohio, for Appellee. ON BRIEF: Ronald S. Kopp , Jessica A. Lopez , ROETZEL & ANDRESS, LPA, Akron, Ohio, for Appellants. Brendan M. Richard , LEWIS BRISBOIS BISGAARD & SMITH, LLP, Cleveland, Ohio, for Appellee.

McKEAGUE, J., delivered the opinion in which KETHLEDGE, J., joined in part and in the result, and GRIFFIN, J., joined in part. KETHLEDGE, J. (pp. 764-65), delivered a separate opinion concurring in part and in the judgment. GRIFFIN, J. (pp. 765-67), delivered a separate opinion concurring in part and dissenting in part.


OPINION

After completion of discovery and dispositive motion briefing, the district court issued an opinion explaining why defendant was entitled to summary judgment on both of plaintiff's contract claims. As to the first claim, for breach of performance warranty in relation to the sale of a power plant emissions...

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