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NATIONAL ENTERPRISES, INC. v. ENERSYST, INC.

No. 88 C 10754.

749 F.Supp. 1506 (1990)

NATION ENTERPRISES, INC., d/b/a Nation Pizza, Plaintiff, v. ENERSYST, INC., Defendant.

United States District Court, N.D. Illinois, E.D.

February 28, 1990.

Attorney(s) appearing for the Case

Francis X. Grossi, J. Scott McMahon, Lynn Urkov Thorpe, Katten, Muchin & Zavis, Chicago, Ill., for plaintiff.

Alan S. Ganz, Marc A. Primack, Rooks, Pitts & Poust, Chicago, Ill., for defendant.

MEMORANDUM OPINION AND ORDER

SHADUR, District Judge.

Nation Enterprises, Inc. ("Nation") has sued Enersyst, Inc. ("Enersyst") for selling Nation two allegedly defective pizza ovens, designated in the five-count Amended Complaint (the "Complaint") as "Oven 1" and "Oven 2":

1-2. Both Count I (breach of contract) and Count II (breach of warranty) are governed by the Texas Uniform Commercial Code, Tex.Bus. & Com.Code Ann. ch. 2 (Vernon 1987) ("Commercial...

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