Powell, Inc. v. Abney
District Court, S.D. Texas
1Opinion of the Court
MEMORANDUM ORDER
KAZEN, District Judge.
This is a diversity action based upon an alleged breach *of contract. While the facts of this case are fairly simple, they inevitably lead to some thorny procedural issues. The file reflects that Plaintiff, Powell, Inc. (Powell), is an Illinois corporation trading in specialty metals. One of Powell’s suppliers was Fairmont Metals Co., Inc. (Fairmont Metals), a Texas company owned and operated by Defendants James and Virginia Ab-ney. According to the pleadings, Powell generally bought from Fairmont Metals a scrap metal known an tantalum, mostly in the form…
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