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ETZLER v. DILLE AND McGUIRE MANUFACTURING COMPANY

Civ. A. No. 64-C-76-R.

249 F.Supp. 1 (1965)

Marshall E. ETZLER, Plaintiff, v. DILLE AND McGUIRE MANUFACTURING COMPANY, Defendant.

United States District Court W. D. Virginia, Roanoke Division.

Addenda December 23, 1965.

Attorney(s) appearing for the Case

James M. Roe, Jr., Carter & Roe, Fincastle, Va., for plaintiff Etzler.

Fred B. Gentry, Gentry, Locke, Rakes & Moore, Roanoke, Va., for defendant Dille & McGuire Mfg. Co.

DALTON, Chief Judge.

This is an action in warranty in which plaintiff, a citizen of Virginia, seeks recovery against defendant, a "citizen" of Indiana, for injuries sustained while plaintiff was operating a "Turfmaster" riding rotary lawn mower which had been manufactured by the defendant.

The complaint alleges that while plaintiff was cutting his lawn on August 23, 1962, the date of purchase of the machine, it, "without warning or reason, tilted from the...

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