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DBT GMBH v. J.L. MIN. CO.

No. 06 Civ. 448(RWS).

544 F.Supp.2d 364 (2008)

DBT GMBH and DBT America, Inc., Plaintiffs, v. J.L. MINING CO., the Marmon Group Ltd., Marmon Wire & Cable LLC, and Gateway Australian Holdings Pty Limited, Defendants.

United States District Court, S.D. New York.

April 8, 2008.

Attorney(s) appearing for the Case

Delbello Donnellan Weingarten Tartaglia by Brian T. Belowich, White Plains, NY, Baker & Mckenzie by Kathryn M. Ryan, New York, NY, Babst, Calland, Clements and Zomnir, P.C. by Joseph Decker, Pittsburgh, PA, for Plaintiffs.

Fulbright & Jaworski L.L.P. by James H. Neale, New York, NY, for Defendant.

OPINION

SWEET, District Judge.

Plaintiffs DBT GmbH and DBT America, Inc. (collectively, "DBT" or the "Plaintiffs") have moved for partial summary judgment and defendants J.L. Mining Company, The Marmon Group Ltd., and Marmon Wire & Cable LLC (collectively, "Marmon" or the "Defendants") have moved for summary judgment in this diversity contract action. For the reasons stated below, both motions are granted in part and denied in part.

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