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EASTMAN CHEMICAL CO. v. NIRO, INC.

No. CIV. A. G-99-623.

80 F.Supp.2d 712 (2000)

EASTMAN CHEMICAL CO. v. NIRO, INC.

United States District Court, S.D. Texas, Galveston Division.

January 24, 2000.

Attorney(s) appearing for the Case

Brian L. Bunt, Bunt & Wright, Longview, TX, for Eastman Chemical Company, plaintiffs.

Finis E. Cowan, III, Mills, Shirley, Eckel & Bassett, Houston, TX, Jack C Brock, Mills Shirley et al., Galveston, TX, for Niro, Inc., defendants.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

KENT, District Judge.

Eastman purchased a spray fluidizer dryer from Niro, intending to use the dryer in an attempt to increase its potassium sorbate production capability. Eastman alleges that the dryer failed to perform according to contract specifications, and has brought suit against Niro alleging breach of contract, breach of warranty...

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