Ralph Shrader, Inc. v. Diamond International Corp.

MILBURN, Circuit Judge.

Plaintiff-appellant Ralph Shr'ader, Inc. (“Shrader”) appeals the district court’s grant of summary judgment in favor of defendant-appellee American Can Company (“American”) in a Michigan diversity action for damages arising out of breach of contract- For the reasons that follow, we reverse and remand the case to the district court.

I

Plaintiff Shrader is the developer and manufacturer of certain petroleum-based automotive maintenance products, especially carburetor cleaner. Shrader’s products are marketed under various labels and are packaged in aerosol cans. The aerosol…