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UNITED STATES WELDING, INC. v. BURROUGHS CORP.

Civ. A. No. 81-K-745.

640 F.Supp. 350 (1985)

UNITED STATES WELDING, INC., Plaintiff, v. BURROUGHS CORP., Defendant.

United States District Court, D. Colorado.

August 22, 1985.

Attorney(s) appearing for the Case

Leigh M. Lutz, Lutz & Berkowitz, Denver, Colo., Hamman, Benn & Miller, Chicago, Ill., for plaintiff.

Bruce A. Featherstone, Kirkland & Ellis, Denver, Colo., Stephen T. Johnson, Rothgerber, Appel & Powers, Denver, Colo., for defendant.

MEMORANDUM OPINION AND ORDER

KANE, District Judge.

This case is now before me on defendant Burroughs' renewed motion to dismiss, or in the alternative, for summary judgment, Counts II and III of plaintiff U.S. Welding's complaint. Burroughs' motion shall be treated as one to dismiss, pursuant to Fed.R.Civ.P. 12(b)(6), for failure to state claims upon which relief may be granted.

This lawsuit arises out of U.S. Welding's dissatisfaction with its lease...

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