Fishbach-Natkin, Inc. v. Shimizu America Corp.

ORDER DENYING IN PART AND GRANTING IN PART DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

GADOLA, District Judge.

On January 24, 1994, defendants filed the instant motion for summary judgment. Plaintiff filed a response March 24, 1994. Defendants filed a revised reply April 29, 1994. 1 Oral argument was heard June 8, 1994.

I. Facts

Plaintiff Fishbach-Natkin, Inc. (“Fish-bach-Natkin”) instituted this action December 17, 1992 in Lenawee County Circuit Court. On January 20, 1993, defendants Shimizu America Corporation (“Shimizu”) and Maeda International (“Maeda”) removed the action to federal court…