City of Kingsport v. SCM Corp.
City of Kingsport v. SCM Corp.
Opinion of the Court
MEMORANDUM OPINION AND ORDER
This is a removed diversity action, 28 U.S.C. §§ 1441(a), 1332(a)(1), (c), in which a municipal corporation and two private corporations claim damages for pecuniary loss arising from breaches of contract, expressed and implied warranties, and material misrepresentations relating to a defective product utilized in the construction of a school building. The defendants have moved for a dismissal of the action or, in the alternative, for a summary judgment, Rule 56(b), Federal Rules of Civil Procedure, on the grounds that privity of contract is lacking between the parties and that no plaintiff has been damaged.
There is no merit to either contention. Even if there is no privity between the parties, the plaintiffs are
Denied.
Reference
- Full Case Name
- CITY OF KINGSPORT, TENNESSEE v. SCM CORPORATION
- Status
- Published