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SOUTHERN TRACK & PUMP, INC. v. TEREX CORP.

Civil Action No. 08-543-JJF.

722 F.Supp.2d 509 (2010)

SOUTHERN TRACK & PUMP, INC., Plaintiff, v. TEREX CORPORATION d/b/a Terex, Construction Americas, Defendant.

United States District Court, D. Delaware.

July 13, 2010.

Attorney(s) appearing for the Case

Peter J. Walsh, Jr., Esquire and Suzanne M. Hill, Esquire of Potter Anderson & Corroon LLP, Wilmington, DE, Attorneys for Plaintiff Southern Track & Pump, Inc.

Cary E. Hiltgen, Esquire and Jeff C. Grotta, Esquire of Hiltgen & Brewer, Oklahoma City, OK, AnnaMartina Tyreus, Esquire of Womble Carlyle Sandridge & Rice, PLLC, Wilmington, DE, Attorneys for Defendant Terex Corporation.

MEMORANDUM OPINION

FARNAN, District Judge.

Pending before the Court are three motions filed by Defendant Terex Corporation ("Terex"). Terex's motions consist of its Motion To Dismiss Counts IV And V And Portions Of Count III Of Plaintiff's Second Amended Complaint (D.I. 55), Motion For Leave To Supplement Motion To Dismiss (D.I. 85), and Motion For Leave To Amend Terex's Answer To Second Amended Complaint...

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