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American Atelier, Inc. v. Materials, Inc.

United States District Court, E.D. Pennsylvania

August 22, 2014

AMERICAN ATELIER, INC., Plaintiff,
v.
MATERIALS, INC., Defendant.

ORDER

GERALD AUSTIN McHUGH, District Judge.

This 22nd day of August, 2014, upon consideration of defendant's Motion to Dismiss, plaintiff's response, and defendant's reply, it is ORDERED as follows:

1. Defendant's motion as to Count I of plaintiff's complaint, alleging breach of contract, is DENIED.
2. Defendant's motion as to Count II of plaintiff's complaint, alleging breach of the implied warranty of merchantability, is DENIED.
3. Defendant's motion as to Count III of plaintiff's complaint, alleging breach of the implied warranty of fitness for a particular purpose is GRANTED, and Count III of plaintiff's complaint is DISMISSED.

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