District Court, D. South Dakota March 31, 2011, CIV 09-4087-RAL (Diesel MacHinery, Inc. v. Manitowoc Crane Group)

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, collec

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tively referred to as “Manitowoc,”

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for allegedly terminating the 2005 Distributor Sales and Service Agreement (“the Agreement”) between DMI and Manitowoc.