Pentair, Inc. v. Wisconsin Energy Corp.

ORDER DENYING MOTION FOR SUMMARY JUDGMENT

PATRICK J. SCHILTZ, District Judge.

In July 2004, plaintiff Pentair, Inc. (“Pentair”) purchased Wicor, Inc. (“Wicor”), a subsidiary of defendant Wisconsin Energy Corporation (“WEC”). In Count II of its complaint — the only count that has not been dismissed 1 — Pentair alleges that WEC breached an express warranty about the accuracy of Wicor’s financial statements. This matter is before the Court on WEC’s motion for summary judgment on Count II. For the reasons set forth below, the motion is denied.

I. BACKGROUND

Pentair’s purchase of Wicor is documented…