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MOTORS INSURANCE CORP. v. AVIATION SPECIALTIES, INC.

No. 5644.

304 F.Supp. 973 (1969)

MOTORS INSURANCE CORPORATION, a New York Corporation, Plaintiff, v. AVIATION SPECIALTIES, INC., an Arizona Corporation, Defendant and Third-Party Plaintiff, v. The UNITED STATES of America, Third-Party Defendant.

United States District Court W. D. Michigan, S. D.

September 22, 1969.

Attorney(s) appearing for the Case

Rhoades, McKee & Boer, Grand Rapids, Mich., F. William McKee, Grand Rapids, Mich., of counsel, for plaintiff.

Smith, Haughey & Rice, Grand Rapids, Mich., L. Roland Roegge, Grand Rapids, Mich., of counsel, for third party plaintiff and defendant.

Eugene Hamilton, Dept. of Justice, Washington, D. C., for third party defendant.

OPINION.

FOX, District Judge.

FINDINGS OF FACT

As to defendant Aviation Specialties, Inc.:

(1) Employees of defendant Aviation knew before May 4, 1966 that Malathion spray was harmful to certain auto finishes. Both defendant's president and its pilot so testified.

(2) The same testimony indicated that these employees knew of precautions taken to avoid such damage. They knew the United States Department of Agriculture marked...

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