Scallon v. U.S. Ag Center, Inc.

MEMORANDUM OPINION AND ORDER REGARDING AUSTINVILLE ELEVATOR’S REASSERTED MOTION FOR SUMMARY JUDGMENT ON COUNT VII

BENNETT, District Judge.

This matter comes before the court pursuant to defendant Elevator’s November 24, 1998, reasserted motion for summary judgment on Count VII of the Producers’ claims, the count asserting breach of contract by the Elevator. On April 15, 1998, the court dismissed Counts II through V of the Producers’ claims for failure to plead fraud with particularity. By order dated September 14, 1998, which was the ruling on the defendants’ original summary judgment motion,…