Kemps LLC v. IPL, Inc.

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION KEMPS LLC, ) ) Plaintiff, ) ) v. ) Case No. 19-0753-CV-W-BP ) IPL, INC., et al., ) ) Defendants. ) ORDER AND OPINION DENYING DEFENDANT IPL USA’S MOTION TO DISMISS COUNTS III AND IV FOR FAILURE TO STATE A CLAIM Plaintiff has sued IPL, Inc., (“IPL”), and IPL USA, Inc., (“IPL USA”), asserting claims for breach of warranty and breach of contract. IPL USA seeks dismissal of Counts III and IV, contending those two counts fail to state a claim. After considering the parties’ arguments, the Motion to Dismiss,…