Specialty Tires of America, Inc. v. CIT Group/Equipment Financing, Inc.

MEMORANDUM OPINION and ORDER

D. BROOKS SMITH, District Judge.

In this case, Specialty Tires, Inc. (“Specialty”) has sued The CIT Group/ Equipment Financing, Inc. (“CIT”) for breach of contract arising out CIT’s failure to deliver eleven tire presses that it had previously contracted to sell to Specialty. CIT, in turn, has filed a third-party complaint against Condere Corporation, Titan Tire Corporation and Titan International, Inc. (collectively “Condere”) arising out of the latter’s alleged wrongful refusal to permit those presses to be removed from its factory. Specialty has moved for partial…