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

Civil Action No. 08-543-LPS.

852 F.Supp.2d 456 (2012)

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

United States District Court, D. Delaware.

March 28, 2012.

Attorney(s) appearing for the Case

Peter J. Walsh, Jr., Esquire and Suzanne Hill Holly, Esquire of Potter Anderson & Corroon LLP, Wilmington, DE, for Plaintiff.

Cary E. Hiltgen, Esquire and Jeff C. Grotta, Esquire of Hiltgen & Brewer, P.C., Oklahoma City, OK, James M. Lennon, Esquire and Ryan C. Cicoski, Esquire of Womble Carlyle Sandridge & Rice PLLC, Wilmington, DE, for Defendant.

MEMORANDUM OPINION

STARK, District Judge:

I. INTRODUCTION

Currently pending before the Court are the following motions filed by Plaintiff Southern Track and Pump, Inc. ("STP") and Defendant Terex Corporation ("Terex"):

• Defendant's Motion for Partial Summary Judgment on Counts I and II of the Second Amended Complaint (D.I. 189) • Defendant's Motion for Partial Summary Judgment on Count III of the Second...

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