J.S. McCarthy, Co. v. Brausse Diecutting & Converting Equipment, Inc.

ORDER ON DEFENDANT’S MOTION TO DISMISS COUNTS III, IV AND VI OF PLAINTIFF’S COMPLAINT

WOODCOCK, District Judge.

J.S. McCarthy Co., Inc. (McCarthy) claims Brausse Diecutting & Converting Equipment, Inc. (Brausse) sold it a defective machine and delivered it late. Brausse has moved to dismiss three counts of McCarthy’s seven-count complaint. Because the contract has effectively excluded the implied warranties of merchantability and fitness and because McCarthy has not requested relief available under Maine’s Uniform Deceptive Trade Practice Act, this Court grants Brausse’s motion to dismiss these…