Dayton Electric Manufacturing Co. v. APCOM, Inc.

ORDER

NORGLE, District Judge.

Before the court is the summary judgment motion of APCOM, Inc. (“APCOM”) and Liberty Mutual Insurance Co. (“Liberty Mutual” or collectively “defendants”) pursuant to Federal Rule of Civil Procedure 56(c). The court denies summary judgment for defendants and grants summary judgment, sua sponte, for plaintiff.

FACTS

APCOM manufactures water heater element lines. 1 Dayton Electric Manufacturing Co. (“Dayton”) purchased these water heater elements from APCOM, labeled them as Dayton water heater elements, and sold them to companies for incorporation into water heaters…