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MAX ARNOLD & SONS, LLC v. W.L. HAILEY & CO.

No. 05-5893.

452 F.3d 494 (2006)

MAX ARNOLD & SONS, LLC, Plaintiff-Appellee, v. W.L. HAILEY & COMPANY, INC., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 22, 2006.

Attorney(s) appearing for the Case

ARGUED: Robert S. Patterson, Boult, Cummings, Conners & Berry, Nashville, Tennessee, for Appellant. Todd E. Panther, Tune, Entrekin & White, Nashville, Tennessee, for Appellee. ON BRIEF: Robert S. Patterson, Eric W. Smith, Boult, Cummings, Conners & Berry, Nashville, Tennessee, for Appellant. Todd E. Panther, Shawn R. Henry, Tune, Entrekin & White, Nashville, Tennessee, for Appellee.

Before: MARTIN, SILER, and CLAY, Circuit Judges.

CLAY, Circuit Judge.

Defendant W.L. Hailey & Co., Inc. appeals the March 9, 2005 order of the United States District Court for the Middle District of Tennessee denying Defendant's motion for judgment on the pleadings and granting Plaintiff Max Arnold & Sons, LLC's motion for summary judgment on Plaintiff's claim of breach of contract. For the following reasons, we REVERSE the district court's grant of Plaintiff's motion for summary judgment, AFFIRM the district...

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