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TEREX SOUTH DAKOTA, INC. v. FOM USA, INC.

No. 3:18cv172 (WWE).

TEREX SOUTH DAKOTA, INC., Plaintiff, v. FOM USA, INC., FOM INDUSTRIE, S.R.L., Defendants.

United States District Court, D. Connecticut.

November 2, 2018.

Editors Note
Applicable Law: 28 U.S.C. § 1332
Cause: 28 U.S.C. § 1332 Diversity - Breach of Contract
Nature of Suit: 190 Contract: Other
Source: PACER

Attorney(s) appearing for the Case

Terex South Dakota, Inc., a Delaware Corporation, Plaintiff, represented by Kurosh L. Marjani , Wofsey, Rosen, Kweskin & Kuriansky, Zachary John Phillipps , Wofsey, Rosen, Kweskin & Kuriansky, Cary E. Hiltgen , Hiltgen & Brewer, P.C. & Jeff C. Grotta , Hiltgen & Brewer, P.C.

FOM USA Inc., an Ohio Corporation & FOM Industrie S.r.l, an Italian limited liability company, Defendants, represented by Brian E. Spears , Spears Manning & Martini LLC, Daniela Paez , Ulmer & Berne LLP, Janna Douville Eastwood , Spears Manning & Martini LLC & Timothy J. Downing , Ulmer & Berne LLP.

MEMORANDUM OF DECISION ON MOTION TO DISMISS

In this multi-count complaint, plaintiff Terex South Dakota, Inc., alleges that defendants FOM USA, Inc. and FOM Industrie, S.r.l. ("Defendants FOM") caused it damage due to to an ineffective milling machine known as the Titan 012...

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