After the moving party has met this burden, the nonmoving party "must come forward with specific facts showing that there is a genuine issue for trial." Matsushita Elec. The moving party bears the initial burden of demonstrating the absence of a genuine issue of material fact. ![]() Summary judgment is proper when "the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed. As explained below, the court grants Oak-Bark's motion for summary judgment and denies Hexion's motion for partial summary judgment. On October 22 and 25,2010, Hexion and Oak-Bark replied. On October 12,2010, Hexion and Oak-Bark filed responses. On September 20,2010, the parties filed cross-motions for summary judgment, Oak-Bark seeks summary judgment on Hexion's warranty claims, and Hexion seeks partial summary judgment as to liability on the warranty claims. Hexion seeks approximately $2.7 million in damages. Hexion contends that Oak-Bark breached certain warranties in the APA concerning (1) wastewater treatment (2) the level of combustible dust at the plant and (3) one of the plant's ammonia storage tanks. ![]() ("plaintiff" or "Hexion") sued Oak-Bark Corporation ("defendant" or "Oak-Bark") alleging breach of warranty concerning a 2006 asset purchase agreement ("APA") in which Hexion purchased most of the assets and operations of Oak-Bark's chemical manufacturing plant in Columbus County, North Carolina. On July 1,2009, Hexion Speciality Chemicals, Inc.
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