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ENERGY NORTHWEST v. SPX HEAT TRANSFER, INC.

No. 2:13-cv-5151-SAB.

ENERGY NORTHWEST, a Washington municipal corporation, Plaintiff, v. SPX HEAT TRANSFER, INC., a Delaware corporation; SPX HEAT TRANSFER LLC, a Delaware limited liability company, Defendants.

United States District Court, E.D. Washington.

July 30, 2015.

Attorney(s) appearing for the Case

Energy Northwest, Plaintiff, represented by Richard O Prentke , Perkins Coie LLP, Andrew L Greene , Perkins Coie LLP, Brendan Peters , Perkins Coie LLP, Graehm C Wallace , Perkins Coie LLP & Robert Allan Dutton , Energy Northwest.

SPX Heat Transfer Inc, Defendant, represented by Juliet A Cox , Kutak Rock LLP, Samuel L Blatnick , Kutak Rock LLP, Laura J Black , Lukins & Annis, PS & Michael A Maurer , Lukins & Annis PS.

SPX Heat Transfer LLC, Defendant, represented by Juliet A Cox , Kutak Rock LLP, Samuel L Blatnick , Kutak Rock LLP, Laura J Black , Lukins & Annis, PS & Michael A Maurer , Lukins & Annis PS.

SPX Heat Transfer LLC, Counter Claimant, represented by Juliet A Cox , Kutak Rock LLP, Laura J Black , Lukins & Annis, PS & Michael A Maurer , Lukins & Annis PS.

SPX Heat Transfer Inc, Counter Claimant, represented by Juliet A Cox , Kutak Rock LLP, Laura J Black , Lukins & Annis, PS & Michael A Maurer , Lukins & Annis PS.

Energy Northwest, Counter Defendant, represented by Richard O Prentke , Perkins Coie LLP, Andrew L Greene , Perkins Coie LLP, Brendan Peters , Perkins Coie LLP, Graehm C Wallace , Perkins Coie LLP & Robert Allan Dutton , Energy Northwest.

ORDER DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

Before the Court is Plaintiff's Motion for Partial Summary Judgment, ECF No. 44. The motion was heard without oral argument.

In February, 2009, Plaintiff Energy Northwest ("ENW") entered into a contract with Yuba Heat Transfer, Inc. ("Yuba...

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