Foamex, L.P. v. Superior Products Sales, Inc.

ORDER

MILLS, District Judge.

This cause comes before the court on the motion [20-1] of defendant James A. Matthews, Sr., for summary judgment, pursuant to Fed.R.Civ.P. 56. Plaintiff Foamex, L.P. has responded in opposition to the motion, and the court, having considered the memoranda and submissions of the parties, concludes that the motion is well taken and due to be granted.

This is a breach of contract action involving the admitted failure of Superior Products Sales, Inc. (“Superior”) to pay for products which it purchased prior to going out of business. The remaining issues in this case…