POLLOCK RESEARCH & DESIGN, INC. v. DAVID ROUND COMPANY, INC.

Filing 36

ORDER THAT PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT IS TREATED AS A MOTION FOR PARTIAL SUMMARY JUDGMENT, AND DEFENDANT'S MOTION FOR SUMMARY JUDGMENT IS TREATED AS A MOTION FOR PARTIAL SUMMARY JUDGMENT. PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT IS GRANTED. DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT IS DENIED.. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 2/27/2017. 2/28/2017 ENTERED AND COPIES E-MAILED.(kp, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

POLLACK RESEARCH & DESIGN, INC., :
d/b/a READING CRANE &
:
ENGINEERING COMPANY
: CIVIL ACTION
:
v.
: NO. 15-3693
:
DAVID ROUND COMPANY, INC.
:

ORDER
AND NOW, this 27th day of February, 2017, upon consideration of the
parties’ cross-motions for summary judgment and all responses and replies thereto, it is
ORDERED as follows:
1.

Plaintiff’s motion for summary judgment [Doc. 25] Is treated as a motion for partial
summary judgment.

2.

Defendant’s motion for summary judgment [Doc. 26] is treated as a motion for partial
summary judgment.

3.

Plaintiff’s motion for partial summary judgment [Doc. 25] is GRANTED.

4.

Defendant’s motion for partial summary judgment [Doc. 26] is DENIED.

5.

The Court rules, as a matter of law, that the contract between the parties that is the
subject of this dispute is comprised of the plaintiff’s May 20, 2014 Purchase Order (with
attachments) and the Defendant’s May 20, 2014 Order Acknowledgment.

BY THE COURT

/s/ Jeffrey L. Schmehl
JEFFREY L. SCHMEHL, J.