Thermo Electron Corp. v. Waste Management Holdings, Inc.

Plaintiff Thermo Electron Corporation (“Thermo”) brought this action to enforce a guarantee (the “Guarantee”) executed by the defendant Waste Management Holdings, Inc. (“WMH”). This matter is before the Court on the parties’ cross motions for summary judgment. For the reasons set forth below, Thermo’s motion for summary judgment is ALLOWED.

I. BACKGROUND

Pursuant to the summary judgment record, the undisputed material facts are as follows.

On December 22, 1994, Thermo and Rust International Corporation (“Rust”) entered into an Engineering, Procurement and Construction Agreement (“EPC Agreement”)…