Kendall Co. v. Southern Medical Supplies, Inc.

ORDER DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

VANCE, District Judge.

This matter is before the Court on the motion of defendant, Southern Medical Sup plies, Inc. (“SMS”), for summary judgment. For the reasons stated below, the Court DENIES defendant’s motion.

I. BACKGROUND

The Kendall Company is a manufacturer and distributor of medical supplies. Since 1988, defendant-Southern Medical Supplies, Inc. (“SMS”) has been an authorized distributor of Kendall’s products. (Defendant’s Ex. 8, Aff. of Jack Henry, Vice President of Kendall.) Kendall’s claim against SMS is for fraudulently submitting…