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After the sale, Oak­Bark retained assets and operations on the site, leaving Oak­Bark and Hexion to coexist at the plant. At the plant, Oak­Bark and the preceding owner, Wright Chemical Corporation, produced various chemicals, including formaldehyde, hexamine, and ketone. On November 21,2006, Hexion agreed to purchase most of the assets and operations at Oak­Bark's chemical manufacturing plant located in Columbus County, North Carolina (hereinafter "plant"). Hexion and Oak­Bark are competitors in the chemical manufacturing industry. When considering cross­motions for summary judgment, a court evaluates each motion using the standard set forth above. The court views the evidence and the inferences drawn therefrom in the light most favorable to the nonmoving party. A genuine dispute about a material fact exists "if the evidence is such that a reasonable jury could return a verdict for the nonmoving party." Anderson, 477 U.S. 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 ofdemonstrating the absence ofa genuine issue of material fact. 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.