Babcock & Wilcox Co. v. Cormetech, Inc.

MEMORANDUM OPINION & ORDER

Kathleen B. Burke, United States Magistrate Judge

In December 2005, Plaintiff Babcock & Wilcox Company (“B&W”) obtained a contract from Kansas City Power & Light Company (“KCP&L”) to design and construct a Selective Catalyst Reduction (“SCR”) system to control emissions from one of KCP&L’s coal-burning power stations in La Cygne, Kansas. Complaint, Doc. 1, p. 3, ¶ 8. Thereafter, B&W issued a purchase order to Defendant Cormetech, Inc. (“Cormetech”) to obtain catalyst modules to be used in the SCR. Id. ¶¶ 7, 9-10. Cormetech guaranteed that the catalyst it supplied…