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07-1988 - US Salt, Inc. v. Broken Arrow et al


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07-1988 - US Salt, Inc. v. Broken Arrow et al
January 24, 2008
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ORDER Notice of Trial and Schedule for Submission of Trial Materials. (Written Opinion). Signed by Judge Richard H. Kyle on 01/24/08. (rhks)
February 11, 2008
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ORDER. 1. US Salt's Motion for Partial Summary Judgment (Doc. No. 37) on its breach-of-contract claim as to liability (Count 1) is GRANTED. US Salt's Motion for dismissal of Broken Arrow's Counterclaim for breach of contract (Doc. No. 9) is GRANTED and the Counterclaim is DISMISSED WITH PREJUDICE; and 2. Broken Arrows Motion for Summary Judgment (Doc. No. 27 ) is GRANTED IN PART and DENIED IN PART as follows: a. GRANTED as to US Salt's claims for breach of implied warranty of fitness for a particular purpose (Count 4), breach of implied covenant of good faith and fair dealing (Count 5), and fraud (Count 6), and Counts 4, 5, and 6 of US Salt's Complaint are DISMISSED WITH PREJUDICE; and b. DENIED with respect to US Salt's claims for breach of contract (Count 1), breach of express warranty (Count 2), and breach of implied warranty of merchantability (Count 3). (Written Opinion). Signed by Judge Richard H. Kyle on 02/11/08. (rhks) Modified text on 3/6/2008 (dch).
April 24, 2008
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ORDER DISMISSING WITH PREJUDICE Counts 2 and 3 of U.S. Salt's Breach of Warranty Claims and the exclusion of some proposed testimony. (Written Opinion). Signed by Judge Richard H. Kyle on 04/24/08. (rhks)
April 30, 2008
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ORDER re: the trial is continued to May 12, 2008 and outlining deadlines for serving and furnishing documents. (Written Opinion). Signed by Judge Richard H. Kyle on 04/30/08. (rhks)
May 8, 2008
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ORDER GRANTING letter request for a postponement of trial. (Written Opinion). Signed by Judge Richard H. Kyle on 05/08/08. (Attachments: # (1) letter attachment)(rhks)
May 30, 2008
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MEMORANDUM AND OPINION EXCLUDING US Salt's new damages claim and DISMISSING WITH PREJUDICE 1 Complaint. (Written Opinion). Signed by Judge Richard H. Kyle on 05/30/08. (rhks)