Mies Equipment, Inc. v. NCI Building Systems, L.P.

ORDER

DOTY, District Judge.

This matter is before the court on defendants’ motion for summary judgment and on plaintiffs motion for partial summary judgment. Plaintiff filed this action asserting claims for: (1) breach of contract; (2) fraudulent misrepresentation; and (3) negligent performance arising out of the purchase and construction of pre-engi-neered buildings. 1 For the reasons stated, defendants’ motion for summary judgment is granted and plaintiffs motion is denied. Accordingly, plaintiffs claims are dismissed with prejudice.

BACKGROUND

Plaintiff Mies Equipment (“Mies”) is a Watkins,…