Matlack, Inc. v. Butler Manufacturing Company

WOOD, District Judge.

This is a motion for summary judgment under F.R.Civ.P. 56 brought by defendant Butler Manufacturing Company on the grounds that the plaintiff’s claim is barred by the applicable statute of limitations and that the complaint fails to state a claim upon which relief can be granted.

In 1960 plaintiff Matlack, Inc. purchased 50 cement carrying trailers from defendant, Butler Manufacturing Company. Hercules CV 4-180 gasoline engines were to be placed on the trailers in order to drive the unloading mechanism. Plaintiff alleges that shortly after delivery of the initial trailer,…