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LARSON MFG. CO. OF SOUTH DAKOTA, INC. v. CONNECTICUT GREENSTAR, INC.

Civ. No. 12-4011.

929 F.Supp.2d 924 (2013)

LARSON MANUFACTURING COMPANY OF SOUTH DAKOTA, INC., Larson Manufacturing of Iowa, Inc., and Larson Manufacturing Company, Inc., Plaintiffs, v. CONNECTICUT GREENSTAR, INC., Greenstar a/k/a Touch `n Hold, Connecticut Trade Company Inc., and Valentin Luca, Defendants.

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

March 6, 2013.

Attorney(s) appearing for the Case

James Ellis Moore , Woods, Fuller, Shultz & Smith, PC, Sioux Falls, SD, Jeffrey W. Post, Timothy Michael O'Shea , Fredrikson & Byron, P.A., Minneapolis, MN, for Plaintiffs.

Jeffrey M. Sklarz , Convicer, Percy & Green, LLP, Glastonbury, CT, Pamela R. Bollweg , Johnson, Heidepriem & Abdallah, LLP, Sioux Falls, SD, for Defendants.

MEMORANDUM OPINION AND ORDER RE: MOTION TO DISMISS

LAWRENCE L. PIERSOL, District Judge.

In their Amended Complaint Plaintiffs Larson Manufacturing Company of South Dakota, Inc., Larson Manufacturing of Iowa, Inc., and Larson Manufacturing Company, Inc. ("Larson") allege breach of a purchase agreement, breach of express warranty, breach of implied warranty of merchantability, breach of implied warranty for fitness for a particular purpose, fraud, and fraudulent...

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