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RSM RICHTER, INC. v. BEHR AMERICA, INC.

No. 12-2429.

729 F.3d 553 (2013)

RSM RICHTER, INC., as Trustee for Aleris Aluminum Canada, L.P., Plaintiff-Appellant, v. BEHR AMERICA, INC., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 5, 2013.

Attorney(s) appearing for the Case

ARGUED: Sarah C. Lindsey , Warner Norcross & Judd, LLP, Southfield, Michigan, for Appellant. Kevin J. Stoops , Sommers Schwartz, P.C., Southfield, Michigan, for Appellee. ON BRIEF: Sarah C. Lindsey , Warner Norcross & Judd, LLP, Southfield, Michigan, John D. Parker , Baker & Hostetler LLP, Cleveland, Ohio, for Appellant. Kevin J. Stoops , Sommers Schwartz, P.C., Southfield, Michigan, for Appellee.

Before: KEITH, CLAY, and KETHLEDGE, Circuit Judges.

OPINION

KETHLEDGE, Circuit Judge.

In this case the district court determined that Behr America, Inc. owes Aleris Aluminum Canada, L.P. (Aleris) $2.6 million for aluminum rolls that Behr received from Aleris but did not pay for. Behr did not pay for the aluminum because Aleris breached its requirements contract with Behr. This breach allegedly forced Behr to incur $1.5 million in cover costs (to use the UCC term). But the district court abstained from adjudicating...

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