Legal Opinion

Vision Metals, Inc. v. SMS Demag, Inc. (In Re Vision Metals, Inc.)

United States Bankruptcy Court, D. Delaware

Decided May 26, 2005No. 19-10275PublishedCited by 5 opinions

1Opinion of the Court

MEMORANDUM OPINION 1

MARY F. WALRATH, Chief Judge.

This matter is before the Court on the Motion for Judgment on the Pleadings filed by SMS Demag, Inc. (“Demag”) asserting that Vision Metals, Inc. (“Vision”) has failed to state a claim on which relief can be granted in Counts MV of its Complaint. 2 For the reasons stated herein, the Court will grant Demag’s Motion. 3

I. BACKGROUND

Vision manufactured pipes, tubes, and other metal products from its facility in Rosenberg, Texas. On December 10, 1997, Vision contracted with Demag to design, sell, maintain, and supervise the installation of equipment…

2Cases cited27 opinions

  1. Roger Turbe v. Government of the Virgin Islands, Virgin Islands Water and Power AuthorityCourt of Appeals for the Third Circuit · 1991
  2. National Car Rental System, Inc. v. Computer Associates International, Inc.Court of Appeals for the Eighth Circuit · 1993
  3. In Re Roth American, Inc., Debtor. Teamsters Local Union No. 401 Health & Welfare Fund International Brotherhood of Teamsters, Local 401Court of Appeals for the Third Circuit · 1992
  4. Paul v. MontsCourt of Appeals for the Tenth Circuit · 1990
  5. In the Matter of James Taylor, Debtor. Delightful Music Ltd. v. James TaylorCourt of Appeals for the Third Circuit · 1990

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3Cited by5 opinions

  1. Vision Metals, Inc. v. SMS Demag, Inc. (In Re Vision Metals, Inc.)United States Bankruptcy Court, D. Delaware · 2005
  2. Paradigm Air Carriers, Inc. v. Texas Rangers Baseball Partners (In re Texas Rangers Baseball Partners)United States Bankruptcy Court, N.D. Texas · 2014
  3. Astria Health v. Cerner CorporationUnited States Bankruptcy Court, E.D. Washington · 2022
  4. DGI Liquidating Trust Ex Rel. Walker v. William Gallagher Associates Insurance Brokers (In Re DGI Resolutions, Inc.)United States Bankruptcy Court, D. Delaware · 2011
  5. In Re: The Weinstein Company Holdings LLCDistrict Court, D. Delaware · 2020

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