Dongah Tire and Rubber v. Nucleon, L.l.c.

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 08a0336n.06
Filed: June 13, 2008
Case No. 07-1839
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
DONGAH TIRE AND RUBBER,
Plaintiff-Appellee,
v.
NUCLEON, L.L.C., et al.,
Defendants-Appellants.
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ON APPEAL FROM THE
UNITED STATES DISTRICT
COURT FOR THE EASTERN
DISTRICT OF MICHIGAN
BEFORE: NORRIS, BATCHELDER, and GIBBONS, Circuit Judges.
ALICE M. BATCHELDER, Circuit Judge. Dongah Tire and Rubber signed an agreement
with Nucleon, L.L.C., which Nucleon subsequently assigned to Angstrom USA, L.L.C. When
Dongah sued, seeking a declaratory judgment that the agreement was not exclusive, Angstrom
counterclaimed, and Dongah subsequently amended its complaint to include breach of contract.
Eventually, Dongah obtained summary judgment as to all claims. Angstrom appealed only
the grant of summary judgment on its claim that Dongah had breached the contract. After carefully
reviewing the record, the law, and the arguments presented in the appellate briefs, we conclude that
the district court’s opinion dated March 29, 2007, granting judgment to Dongah on that claim,
correctly sets out the applicable law and correctly applies that law to the facts contained in the
record. The issuance of a full written opinion by this court would serve no useful purpose.
Accordingly, for the reasons stated in the district court’s opinion, we AFFIRM.

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