Opinion
Case No. 11-12839
10-27-2011
HON.
ORDER DISMISSING COUNT II OF FIRST AMENDED COMPLAINT AND
DENYING DISMISSAL OF CLAIM OF CONSEQUENTIAL DAMAGES (DOC. 12)
This is a contract case arising out of the sale of a thermal window sealer. For the reasons stated on the record at the hearing held on October 26, 2011, defendant's motion to dismiss Count II, Breach of Implied Warranty, of the first amended complaint is GRANTED. Defendant's motion to dismiss plaintiff's request for relief as to consequential and incidental damages is DENIED.
SO ORDERED.
AVERN COHN
UNITED STATES DISTRICT JUDGE
I hereby certify that a copy of the foregoing document was mailed to the attorneys of record on this date, October 27, 2011, by electronic and/or ordinary mail.
Julie Owens
Case Manager