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UNITED STATES DISTRICT COURT DISTRICT OF MAINE AMERICAN AERIAL SERVICES INC., Plaintiff v. TEREX USA LLC, et al., Defendants ) ) ) ) ) 2:12-cv-00361-GZS ) ) ) )

RECOMMENDED DECISION ON DEFENDANTS' MOTIONS TO DISMISS (ECF Nos. 13, 15) American Aerial Services, Inc., a Portland, Maine business, purchased a truck crane from The Empire Crane Company, LLC, of Onondaga, New York. The purchased truck crane was a Terex T780. American Aerial commenced this action against Empire Crane and Terex USA, LLC, a Connecticut business, in state court, alleging multiple defects in the truck crane and negligence and misrepresentations related to its sale and delivery. In all, American Aerial asserts eight counts. The defendants have filed motions to dismiss, which the court referred for report and recommendation. For reasons that follow, I recommend that the court grant the motions in part. ALLEGATIONS American Aerial purchased a Terex T780 truck crane from Terex and Empire Crane by a Purchase Contract dated December 16, 2011. (Complaint

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Maine Law