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DIESEL MACHINERY, INC. v. MANITOWOC CRANE GROUP

No. CIV 09-4087-RAL.

777 F.Supp.2d 1198 (2011)

DIESEL MACHINERY, INC., A South Dakota Corporation, Plaintiff, v. The MANITOWOC CRANE GROUP, a Wisconsin Corporation; The Manitowoc Group, Inc., a Wisconsin Corporation; Manitowoc Cranes, Inc., a Wisconsin Corporation; Grove U.S., LLC, a Delaware Limited Liability Company; National Crane Corporation, a Delaware Corporation; Deutsche Grove GmbH, a German Limited Liability Company; Potain SAS, a French Limited Liability Company, Defendants.

United States District Court, D. South Dakota, Southern Division.

March 31, 2011.

Attorney(s) appearing for the Case

Michael P. Healy, Healy Law Firm, LLC, Kansas City, MO, for Plaintiff.

Melanie L. Carpenter, James A. Power, Woods, Fuller, Shultz & Smith, PC, Sioux Falls, SD, Robert E. Diehl, Michael W. Haag, Thomas W. Pahl, Foley & Mansfield, P.L.L.P., Minneapolis, MN, for Defendants.

OPINION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT

ROBERTO A. LANGE, District Judge.

I. INTRODUCTION

In this action, Plaintiff Diesel Machinery, Inc. ("DMI") sued Defendants, collectively referred to as "Manitowoc,"1 for allegedly terminating the 2005 Distributor Sales and Service Agreement ("the Agreement") between DMI and...

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