Kendall McGaw Laboratories, Inc. v. Community Memorial Hospital

OPINION

CLARKSON S. FISHER, District Judge.

Before the court are the cross-motions of plaintiff, Kendall McGaw Laboratories, Inc. (“KMLI”), and defendant, Community Memorial Hospital (“Community Memorial”) for partial summary judgment. The court has considered the parties’ written submissions and exhibits pursuant to Federal Rule of Civil Procedure 78. For the reasons discussed below, both motions are denied.

In 1984 KMLI and Community Memorial entered into an agreement for the purchase and sale of medical supplies. KMLI claims that in 1986, the parties made a superceding contract whereby KMLI…