Hosokawa Micron (USA) Inc. v. Duncan

WILLIAM C. CONNER, District Judge.

Plaintiff Hosokawa Micron (USA), Inc. (“Hosokawa”) has moved for summary judgment, pursuant to Rule 56 Fed.R. Civ.P., on the ground that it has fulfilled its contractual obligations to defendant Samuel G.N. Duncan (“Duncan”). Defendant Duncan has opposed this motion asserting that there are genuine issues of material fact as to whether: (1) Hosokawa, the successor to U.S. Filter Systems Inc. (“USFS”), breached its contractual duty by refusing to provide additional funding to Sonodyne Industries, Inc. (“Sonodyne”); and (2) USFS breached its contractual duty by…