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K & D DISTRIBUTORS, LTD. v. ASTON GROUP, INC.

No. 3:03CV7719.

354 F.Supp.2d 761 (2005)

K & D DISTRIBUTORS, LTD., Plaintiff, v. ASTON GROUP (MICHIGAN), INC., Defendant.

United States District Court, N.D. Ohio, Western Division.

February 1, 2005.

Attorney(s) appearing for the Case

Kevin D. Devaney, Eastman & Smith, Stuart J. Goldberg, Eastman & Smith, Toledo, OH, for K & D Distributors, Ltd. represented by, Plaintiff.

James D. Caruso, Arnold & Caruso, James H. O'Doherty, Shumaker, Loop & Kendrick, Toledo, OH, Peter S. Vogel, Gardere, Wynne & Sewell, Dallas, TX, Terrance K. Davis, Shumaker, Loop & Kendrick, Toledo, OH, for Aston Group (Michigan), Inc., Defendant.

ORDER

CARR, Chief Judge.

This is a contract dispute between a buyer and seller of software. The parties agree that Michigan law governs the contract at issue.

Pending are cross motions for summary judgment. For the following reasons, the motion by seller, Aston Group, Inc. (Aston), shall be granted in part as to Warranty D, but denied as to Warranty A, Warranty B, and damages. The crossmotion of buyer, K & D Distributors, Ltd. (K & D), shall...

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