Armco, Inc. v. Burns & McDonnell, Inc.

807 F. Supp. 65, 1992 U.S. Dist. LEXIS 17951, 1992 WL 346787
CourtDistrict Court, S.D. Ohio
DecidedSeptember 23, 1992
DocketCase No. C-1-90-766
StatusPublished

This text of 807 F. Supp. 65 (Armco, Inc. v. Burns & McDonnell, Inc.) is published on Counsel Stack Legal Research, covering District Court, S.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Armco, Inc. v. Burns & McDonnell, Inc., 807 F. Supp. 65, 1992 U.S. Dist. LEXIS 17951, 1992 WL 346787 (S.D. Ohio 1992).

Opinion

ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT ON THE DEFENDANT’S COUNTERCLAIM

SPIEGEL, District Judge.

This matter is before the Court on the Plaintiff’s Motion for Summary Judgment on the Defendant’s counterclaim (doc. 20), the Defendant’s Response (doc. 28), and the Plaintiff’s Reply (doc. 33).

Although the facts of this commercial dispute are relatively complex, the legal issue before the Court presents a straightforward application of the parol evidence rule.

BACKGROUND

Before December 31,1985, Armco owned three engineering subsidiaries, one of which was Burns & McDonnell. In 1985, Armco needed cash and decided to sell off Burns & McDonnell. Armco sought offers from third parties, as well as from the employees of Burns & McDonnell. After evaluating those offers, Armco agreed with the employees of Burns & McDonnell that they could purchase Burns & McDonnell via a Stock Purchase Agreement. Part of the purchase price was contingent upon the success of the Burns & McDonnell over the course of the five years following the Stock Purchase Agreement. Specifically, the Stock Purchase Agreement provided that Burns & McDonnell would pay Armco $8 million up front and a maximum of $3 million based upon the net operating cash flow of Burns & McDonnell, as defined in the Stock Purchase Agreement. In its [66]*66Complaint, Armco alleges that Burns & McDonnell has failed to appropriately calculate net operating cash flow. As a result, Armco argues that Burns & McDonnell has failed to pay money owed to Arm-co under the Stock Purchase Agreement.

In response, Burns & McDonnell filed a counterclaim against Armco for what essentially amounts to a claim for breach of contract. The counterclaim is the only matter before this Court at this time. The counterclaim involves a computer-aided design system (“CADD”) system, used by engineering firms such as Burns & McDonnell. Prior to December 81, 1985, Armco owned three engineering subsidiaries: Burns & McDonnell, Wilbur Smith & Associates (“Wilbur Smith”), and Bovay Engineering (“Bovay”). Together with a construction company, these three engineering subsidiaries comprised the Professional Services Division of Armco.

In 1984, the Professional Services Division of Armco decided to purchase the CADD system for the benefit of all three engineering companies. Several months later, however, due to cash flow needs, Arm-co sold the CADD system to General Foods Credit Corporation. Armco then directed Burns & McDonnell to lease-back the CADD system from General Foods Credit Corporation for five years. Next, Armco had Wilbur Smith and Bovay enter into subleases with Burns & McDonnell to use the CADD system. Burns & McDonnell contends that Armco required Burns & McDonnell to enter the lease-back agreement with General Foods Credit Corporation in spite of the fact that Burns & McDonnell did not have use for all of the equipment and capacity of the CADD system.

During the 1985 negotiations for the sale of Burns & McDonnell, Armco and Burns & McDonnell had discussions concerning Burns & McDonnell’s sublease with Wilbur Smith and Bovay. Burns & McDonnell requested that Armco either assume or guarantee Wilbur Smith’s and Bovay’s sublease payments. In the alternative, Burns & McDonnell sought Armco’s promise to force Wilbur Smith and Bovay to execute new subleases. Throughout the negotiations, Armco refused to guarantee Wilbur Smith’s and Bovay’s payments on the subleases. However, Burns & McDonnell claims that Armco orally agreed on December 16, 1985 to have Wilbur Smith and Bovay to execute new subleases with Burns & McDonnell during the final negotiation session over the Stock Purchase Agreement.

Subsequently, Bovay signed a new sublease, but Wilbur Smith refused. Burns & McDonnell avers that Armco breached its oral contract by not requiring Wilbur Smith to enter into a new sublease with Burns & McDonnell. Burns & McDonnell now claims damages from this alleged breach of contract of $400,000.

STANDARD OF REVIEW

The narrow question that we must decide on a motion for summary judgment is whether there exists a "... genuine issue as to any material fact and [whether] the moving party is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(c). The Court cannot try issues of fact on a Rule 56 motion, but is empowered to determine only whether issues exist that should be tried. In re Atlas Concrete Pipe, Inc., 668 F.2d 905, 908 (6th Cir.1982).

The moving party “has the burden of showing conclusively that there exists no genuine issues as to a material fact and the evidence together with all inferences to be drawn therefrom must be read in the light most favorable to the party opposing the motion.” Smith v. Hudson, 600 F.2d 60, 63 (6th Cir.) (emphasis in original), cert. denied, 444 U.S. 986, 100 S.Ct. 495, 62 L.Ed.2d 415 (1979). Moreover, “while the movant’s papers are to be closely scrutinized, those of the opponent are to be viewed indulgently.” Id. at 63. “[T]he District Court [is] obligated to consider not only the materials specifically offered in support of the motion, but also all ‘pleadings, depositions, answers to interrogatories, and admissions’ properly on file and thus properly before [the] court.” Id. (quoting Rule 56(c), Fed.R.Civ.P.).

[67]*67Summary judgment “must be used only with extreme caution for it operates to deny a litigant his day in court.” Id. The Supreme Court elaborated upon this standard, in Celotex Corp. v. Catrett, 477 U.S. 317, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986), as follows:

[T]he plain language of Rule 56(c) mandates the entry of summary judgment, after adequate time for discovery and upon motion, against a party who fails to make a showing sufficient to establish the existence of an element essential to that party’s case and on which that party will bear the burden of proof at trial....

Id. at 322, 106 S.Ct. at 2552. Summary judgment is not appropriate if a dispute about a material fact is “genuine,” that is, if the evidence is such that a reasonable jury could return a verdict for the non-moving party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 2510, 91 L.Ed.2d 202 (1986). Nevertheless, conclusory allegations are not sufficient to defeat a motion for summary judgment. McDonald v. Union Camp Corp., 898 F.2d 1155, 1162 (6th Cir.1990).

DISCUSSION

Burns & McDonnell alleges that Armco made a “commitment and oral agreement” on December 16, 1985 to have Wilbur Smith and Bovay enter into new subleases with Burns & McDonnell. Counterclaim, ¶ 9, doc. 6, at 10. On December 31, 1985, Armco and Burns & McDonnell entered into the Stock Purchase Agreement for the sale of Burns & McDonnell. In the Stock Purchase Agreement, the parties dealt with Burns & McDonnell’s obligations concerning the CADD system in section 9.8:

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Bluebook (online)
807 F. Supp. 65, 1992 U.S. Dist. LEXIS 17951, 1992 WL 346787, Counsel Stack Legal Research, https://law.counselstack.com/opinion/armco-inc-v-burns-mcdonnell-inc-ohsd-1992.