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BMC INDUSTRIES, INC. v. BARTH INDUSTRIES, INC.

No. 89-6443-CIV.

879 F.Supp. 1191 (1995)

BMC INDUSTRIES, INC., Plaintiff, v. BARTH INDUSTRIES, INC., et al., Defendants.

United States District Court, S.D. Florida, Miami Division.

February 13, 1995.

Attorney(s) appearing for the Case

Bruce Weihe, John Hargrove, Heinrich Gordon Batchelder Hargrove & Weihe, Ft. Lauderdale, FL, for plaintiff.

Richard S. Banick, Fowler, White, Burnett, Hurley, Banick & Strickroot, Miami, FL, for defendants.

K. MICHAEL MOORE, District Judge:

Counterplaintiff Barth Industries, Inc. ("Barth") alleges that, had it not been fraudulently induced into contracting to build a machine, it could have used the funds expended on the contract to pursue other, more gainful business opportunities. Counterdefendant BMC Industries, Inc. ("BMC") moved to strike this claim, requiring the Court to decide whether Florida law permits recovery of lost opportunity income in these circumstances...

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