United States Sixth Circuit

In a contract dispute over the supply of chemical products, summary judgment in favor of defendant, for shipments after June 20, 2001, is reversed where there is a genuine issue of material fact as to whether plaintiff's shipment of goods manifested its assent to a contract containing the prices from defendant's purchase orders.

Appellate Information

• Decided 12/09/2004
• Published 12/09/2004

Judges

• Before:  BOGGS, Chief Judge;  CLAY, Circuit Judge;  HAYNES, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Jeffrey C. Gerish, Plunkett & Cooney, Bloomfield Hills, MI, Robert M. Horwitz, Dykema Gossett, Detroit, MI, for Appellant.   ON BRIEF:  Jeffrey C. Gerish, Plunkett & Cooney, Bloomfield Hills, MI, Robert M. Horwitz, Kyle R. Dufrane, Dykema Gossett, Detroit, Michigan, for Appellee.