McPhee v. Oliver Tyrone Corp.

MEMORANDUM OF DECISION

ORMA R. SMITH, District Judge.

This action is before the court on defendant's motion for summary judgment.1 The court has considered the record in the action, including affidavits filed by the parties, briefs and arguments of counsel, and now makes the findings of fact and conclusions of law which follow.

Corinth Machinery Company (Corinth) at all pertinent times has been and is now engaged in the business of assembling, manufacturing and selling, throughout the United States and in *603many foreign countries, sawmills of all types and kinds, portable and otherwise, for use by…