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PHILADELPHIA GEAR CORP. v. SWATH INTERN., LTD.

No. CIV.A.01-CV-0998.

200 F.Supp.2d 493 (2002)

PHILADELPHIA GEAR CORPORATION v. SWATH INTERNATIONAL, LTD. and SWATH EUROPE, LTD.

United States District Court, E.D. Pennsylvania.

April 22, 2002.

Attorney(s) appearing for the Case

Kevan F. Hirsch, Kaplin, Stewart, Meloff Reiter & Stein, PC, Blue Bell, PA, for plaintiff.

Joseph P. Dougher, Obermayer, Rebmann, Maxwell & Hippel, LLP, Philadelphia, PA, Nicole Finitzo, Charlene Q. Kalebic, Schiff, Hardin & Waite, Lake Forest, IL, Donald R. Harris, Joel T. Pelz, Jenner & Block, LLC, Chicago, IL, for defendants.

MEMORANDUM AND ORDER

KAUFFMAN, District Judge.

This action concerns a dispute between Philadelphia Gear Corporation ("PGC"), a manufacturer of power transmission equipment, and Swath International, Ltd. ("Swath"),1 a builder of marine vessels, over two malfunctioning marine gear drives sold by PGC to Swath. Now before the Court are Swath's Motion to Dismiss Count III of PGC's First Amended Complaint and PGC's Motion for...

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