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IMC CHEMICALS, INC. v. NIRO, INC.

Civil Action No. 98-2348 KHV.

30 F.Supp.2d 1328 (1998)

IMC CHEMICALS, INC., f/k/a North American Chemical Company, Plaintiff, v. NIRO, INC., Defendant and Third-Party Plaintiff, v. DEC International, Inc., Third-Party Defendant.

United States District Court, D. Kansas.

December 23, 1998.

Attorney(s) appearing for the Case

Floyd R. Finch, Jr., Blackwell Sanders Peper Martin, LLP, Kansas City, MO, Tara E. Foss, Foland & Wickens, P.C., Kansas City, MO, for IMC Chemicals, Inc.

William R. Sampson, Scott C. Nehrbass, Shook, Hardy & Bacon L.L.P., Overland Park, KS, E. Hutchinson Robbins, Jefferson V. Wright, Miles & Stockbridge P.C., Baltimore, MD, for Niro, Inc.

Brett C. Coonrod, Spencer J. Brown, Deacy & Deacy, Kansas City, MO, David Easton, Michael J. Modl, Andrew J. Clarkowski, Axley Brynelson, LLP, Madison, WI, for DEC Intern., Inc.

MEMORANDUM AND ORDER

VRATIL, District Judge.

IMC Chemicals, Inc. filed a three-count complaint against Niro, Inc., asserting contract and tort claims which arise from Niro's agreement to develop and install fluid bed dryers for IMC's mineral manufacturing facility in California. Niro in turn filed a three-count third-party complaint alleging breach of contract and seeking indemnification from DEC International...

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