By-Lo Oil Co., Inc. v. Partech, Inc.

KENNEDY, Circuit Judge.

Plaintiff, By-Lo Oil Company, appeals the district court’s grant of summary judgment to defendant, ParTech, Incorporated, in this diversity contract dispute. On appeal. By-Lo makes two claims. First, it argues the district court failed to address whether the modification provision of the contract between the parties — stating that ParTech would modify the software By-Lo purchased at By-Lo’s request — obligated ParTech to make the software year 2000(Y2K) compliant. Second, it argues in analyzing the issue of whether the continuing support provision of the contract…