Richard O'Brien Companies v. Challenge-Cook Bros.

MEMORANDUM OPINION AND ORDER

KANE, District Judge.

This is a diversity based products liability suit. It comes before me on defendant’s motion for summary judgment.

Plaintiffs are involved in the purchase and provision of pumping services to the construction industry. Defendant manufactures and markets a concrete pump known as the ‘Titan 3900’. In April, 1978, first plaintiff entered into a series of dealership agreements with defendant to sell the Titan pumps. First and second plaintiffs purchased thirty-nine of these pumps. They sold four of them to third plaintiff. Third plaintiff purchased…