Arias/root Engineering D/B/A Ar, Incorporated v. Cincinnati Milacron Marketing Company

945 F.2d 408 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. ARIAS/ROOT ENGINEERING d/b/a AR, Incorporated, Plaintiff-Appellant, v. CINCINNATI MILACRON MARKETING COMPANY, Defendant-Appellee. No. 90-55661. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 6, 1991. Decided Sept. 25, 1991. 1 Before FLETCHER and CANBY, Circuit Judges, and McNICHOLS, * Chief District Judge. 2 MEMORANDUM ** 3 Plaintiff Arias/Root Engineering d/b/a AR, Inc. ("AR") appeals the district court's order granting partial summary judgment in favor of defendant Cincinnati Milacron Marketing Co. ("CM") on AR's claims for breach of warranties. The district court held that contractual provisions limiting AR's remedies and excluding consequential damages barred recovery of any remedy other than a refund of the price of the machinery AR had purchased from CM. Because AR has presented a genuine issue of material fact as to whether the limited remedy failed of its essential purpose, we…