Cases of Note

Truck Parts & Servs. v. Truckpro, Inc., CIVIL ACTION NO. 3:07-CV-78-SAA, UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI, WESTERN DIVISION, 2009 U.S. Dist. LEXIS 17518

March 5th, 2009

The Court determined that plaintiff Truck Parts admitted that it received credits totaling $ 42, 009.87 and parts totaling $ 36,709.25 from TruckPro in satisfaction of plaintiff's warranty claims and that plaintiff failed to pay for goods and services in excess of $ 10,236.69. These admissions, despite their being deemed admitted by operation of Rule 36, establish that the plaintiff's claims for outstanding warranty work have been satisfied, and plaintiff owes defendant $ 10,236.69. As such, there remains no genuine issue of material fact to be resolved by a trial, and the defendant is entitled to a money judgment in the amount of $ 10,236.69 as a matter of law.

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