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Summary j udgment 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 oflaw." Fed. As explained below, the court grants OakBark's motion for summary judgment and denies Hexion's motion for partial summary judgment. On October 22 and 25,2010, Hexion and Oak­Bark replied. On October 12,2010, Hexionand Oak­Bark filed responses. Oak­Bark seeks summary j udgment on Hexion's warranty claims j, and Hexion seeks partial summary judgment as to liability on the warranty claims. On September 20, 2010, the parties filed cross­motions for summary udgment. Hexion seeks approximately $2.7 million in damages. ("plaintiff" or "Hexion") sued Oak­Bark Corporation ("defendant" or "Oak­Bark") alleging breach of warranty concerning a 2006 asset purchase agreement ("AP ") in which Hexion purchased most ofthe assets and operations ofOakA Bark's chemical manufacturing plant in Columbus County, North Carolina Hexion contends that Oak­Bark 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. ORDER ) ) ) ) On July 1,2009, Hexion Speciality Chemicals, Inc. 82 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTII CAROLINA SOUTHERN DIVISION No.7:09­CV­I05­D HEXION SPECIALTY CHEMICALS, INC., ) ) Plaintiff, ) ) ) OAK­BARK CORPORATION, Defendant.