International Power MacHinery, Inc. v. Midwest Energy, Inc.

MEMORANDUM AND ORDER

EARL E. O’CONNOR, District Judge.

This matter is before the court on plaintiffs motion for partial summary judgment (Doc. # 26) and defendant’s motion for summary judgment (Doc. #25). As an initial matter, defendant’s request for oral argument will be denied because the court has determined that oral argument will not be of material assistance in resolving the motion. After careful consideration of the parties’ briefs, the court is prepared to rule. For the reasons set forth below, plaintiffs motion will be granted and defendant’s motion will be denied.

Factual Background

For…