JPS Elastomerics Corp. v. Industrial Tools Inc.
District Court, W.D. Virginia
1Opinion of the Court
OPINION
MOON, District Judge.
DECISION AND ENTRY ON DEFENDANT’S MOTION FOR PARTIAL SUMMARY JUDGMENT; MOTION SUSTAINED IN PART AND OVERRULED IN PART
Plaintiff JPS Elastomerics Corp. (JPS) filed this diversity action against Defendant Industrial Tools Incorporated (ITI). The case arises out of ITI’s delivery of two slitter knife units and installation of one of the units, pursuant to a contract that was formed between the two parties in March 1994. JPS alleges, inter alia, that the units were defective and failed to meet the requirements of the contract and the “performance guarantee” which JPS…
2Cases cited24 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
- The Bremen v. Zapata Off-Shore Co.Supreme Court of the United States · 1972
- A & M PRODUCE CO. v. FMC Corp.California Court of Appeal · 1982
- Sensenbrenner v. Rust, Orling & Neale, Architects, Inc.Supreme Court of Virginia · 1988
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3Cited by2 opinions
- In re Rust-Oleum Restore Marketing, Sales Practices & Products Liability LitigationDistrict Court, N.D. Illinois · 2016
- Virginia Imports, Inc. v. Kirin Brewery of America, LLCDistrict Court, E.D. Virginia · 2003