Legal Opinion

C & S FUEL, INC. v. Clark Equipment Co.

District Court, E.D. Kentucky

Decided November 24, 1982No. 7:07-misc-00001PublishedCited by 20 opinions

1Opinion of the Court

Memorandum Opinion

BERTELSMAN, District Judge.

FINDINGS OF FACT

This is a diversity case brought by C & S Fuel, Incorporated, against Clark Equipment Company. It was tried before the court sitting without a jury. Jurisdiction is based on 28 U.S.C. § 1332. This suit was brought to recover the value of a Michigan 475B tractor shovel that was destroyed by fire. The tractor was manufactured by Clark and owned by C & S. It had passed through the intermediate ownership of two or three other entities. In this products liability action, C & S asserts that the tractor was defectively designed and that…

2Cases cited12 opinions

  1. Cornette v. Searjeant Metal Products, Inc.Indiana Court of Appeals · 1970
  2. Nichols Ex Rel. Nichols v. Union Underwear Co.Kentucky Supreme Court · 1980
  3. Post v. American Cleaning Equipment CorporationCourt of Appeals of Kentucky (pre-1976) · 1969
  4. Eda Mae Page v. Barko HydraulicsCourt of Appeals for the Fifth Circuit · 1982
  5. Ulrich v. Kasco Abrasives Co.Kentucky Supreme Court · 1976

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3Cited by20 opinions

  1. prod.liab.rep. (Cch) P 14,437 Pamela Morales, Guardian of Gary Thompson v. American Honda Motor Company, Inc.Court of Appeals for the Sixth Circuit · 1995
  2. prod.liab.rep. (Cch) P 14,812 Jackie Tipton v. Michelin Tire Company, Kelsey-Hayes CompanyCourt of Appeals for the Sixth Circuit · 1996
  3. Prather v. Abbot LaboratoriesDistrict Court, W.D. Kentucky · 2013
  4. Vivian Leonard, Administratrix of the Estate of John Leonard, Deceased, Bruce Love and Phyllis Love v. Uniroyal, Inc.Court of Appeals for the Sixth Circuit · 1985
  5. Waltenburg v. St. Jude Medical, Inc.District Court, W.D. Kentucky · 2014

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