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MIES EQUIPMENT, INC. v. NCI BLDG. SYSTEMS, L.P.

No. CIV 00-968 DSD/SRN.

167 F.Supp.2d 1077 (2001)

MIES EQUIPMENT, INC., Plaintiff, v. NCI BUILDING SYSTEMS, L.P. and Metallic Building, Co., Defendants.

United States District Court, D. Minnesota.

March 27, 2001.

Attorney(s) appearing for the Case

David T. Shay, and Shay Law Office, St. Cloud, MN, for plaintiff.

Thomas B. Caswell III, Chad A. Snyder, and Zelle, Hofmann, Voelbel, Mason & Gette, Minneapolis, MN, for defendants.

ORDER

DOTY, District Judge.

This matter is before the court on defendants' motion for summary judgment and on plaintiff's motion for partial summary judgment. Plaintiff filed this action asserting claims for: (1) breach of contract; (2) fraudulent misrepresentation; and (3) negligent performance arising out of the purchase and construction of pre-engineered buildings.1 For the reasons stated, defendants' motion for summary judgment...

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