Citizens Insurance Co. of America v. Proctor & Schwartz, Inc.

OPINION OF THE COURT

McKEAGUE, District Judge.

This case presents claims in contract and tort to recover damages for property damage and economic loss caused by fire. Now before the Court is defendant’s motion for summary judgment, asking the Court to dismiss all claims.

I.FACTS

In late 1976 or early 1977, the Koeze Company entered into a sales agreement with defendant Proctor & Schwartz, Inc., to purchase a peanut roaster and conveyor cleaner manufactured by Proctor & Schwartz. The peanut roaster and convey- or cleaner were delivered and placed into operation shortly thereafter and apparently…