SCM Corp. v. Deltak Corp.

MEMORANDUM AND ORDER

MacLAUGHLIN, District Judge.

This matter is before the Court on a motion for summary judgment by defendant Deltak Corporation (Deltak). Deltak’s motion initially raises a question of choice of law. Using Minnesota’s conflicts rule, the Court has determined that Minnesota law should govern this case. That decided, the Court then finds that summary judgment is inappropriate at this stage of the proceedings. Therefore, Deltak’s motion will be denied.

FACTS

Deltak is being sued by plaintiff SCM Corporation (SCM) for damages resulting from a defective superheater sold by Del-tak…