MILLER v. HOME DEPOT, U.S.A., INC., ET AL., (W.D.La. 2002)

JAMES T. TRIMBLE, JR., United States District Judge

Before the court is defendants, Arch Chemicals, Inc.; Arch Wood Protection, Inc.; Hickson Corporation, USA; Hickson Corp.; and Osmose, Inc.'s Motion for Partial Summary Judgment [doc. # 87]. Movants seek dismissal of plaintiffs' breach of "contract of sale" claim under Count 1 of the Complaint. Plaintiffs do not oppose the motion.

It remains uncontroverted that no contract was entered into between movants and plaintiffs. Accordingly, there is no genuine issue as to any material fact, and movants are entitled to judgment as a matter of law, dismissing plaintiffs' Count 1 claim for breach of contract. Fed.R.Civ.P. 56. The motion for partial summary judgment [doc. # 87] is GRANTED.