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DAKOTA FOUNDRY, INC. v. TROMLEY INDUS. HOLDINGS

No. CIV 11-1026-RAL.

891 F.Supp.2d 1088 (2012)

DAKOTA FOUNDRY, INC., Plaintiff, v. TROMLEY INDUSTRIAL HOLDINGS, INC., Defendant.

United States District Court, D. South Dakota, Northern Division.

August 29, 2012.

Attorney(s) appearing for the Case

Nancy J. Turbak Berry , Turbak Law Office, P.C., Watertown, SD, for Plaintiff.

Thomas G. Fritz , Heather C. Knox , Lynn, Jackson, Shultz & Lebrun, PC, Rapid City, SD, for Defendant.

OPINION AND ORDER DENYING MOTION TO COMPEL ARBITRATION

ROBERTO A. LANGE, District Judge.

Plaintiff Dakota Foundry, Inc., sued Defendant Tromley Industrial Holdings, Inc. ("Tromley"), claiming breach of contract, breach of express and implied warranties, and negligence related to equipment that Tromley delivered for Dakota Foundry. Tromley filed a motion to compel arbitration or, in the alternative, to dismiss. Doc. 9. In an Order and Opinion, Judge Charles...

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