MACK TRUCKS, INC. v. BORGWARNER TURBO SYSTEMS INC.

Filing 63

MEMORANDUM AND ORDER THAT DEFENDANTS MOTION FOR SUMMARY JUDGMENT AS TO COUNTS I AND II OF THE COMPLAINT IS GRANTED IN PART AND DENIED IN PART OUTLINED HEREIN.. SIGNED BY HONORABLE HARVEY BARTLE, III ON 3/22/11. 3/22/11 ENTERED AND COPIES EMAILED.(rf, )

MACK TRUCKS, INC. v. BORGWARNER TURBO SYSTEMS INC.

Doc. 63

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MACK TRUCKS, INC. v. BORGWARNER TURBO SYSTEMS, INC. : : : : : ORDER AND NOW, this 22nd day of March, 2011, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that: (1) the motion of defendant BorgWarner Turbo Systems, CIVIL ACTION

NO. 08-2621

Inc. for summary judgment as to Counts I and II of the complaint of Mack Trucks, Inc. is GRANTED in part and DENIED in part as follows: (a) the motion of BorgWarner Turbo Systems, Inc. for summary judgment is GRANTED on Counts I and II of the complaint to the extent Mack Trucks, Inc. seeks to recover damages under any warranty for defectively designed turbochargers manufactured by BorgWarner; and (b) the motion of BorgWarner Turbo Systems, Inc. for summary judgment is DENIED on Counts I and II in all other respects; (2) the motion of defendant BorgWarner Turbo Systems,

Inc. for summary judgment is GRANTED as to Count III of the complaint; and

Dockets.Justia.com

(3)

the request of Mack Trucks, Inc. for additional

time to conduct discovery before the court rules on the motion of BorgWarner Turbo Systems, Inc. is DENIED. BY THE COURT:

/s/ Harvey Bartle III C.J.

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