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HOOVER BALL AND BEARING v. PINKERTON'S, INC.

No. G78-461CA5.

500 F.Supp. 673 (1980)

HOOVER BALL AND BEARING COMPANY, INC., a corporation; Hoover-Ugine Company, a partnership; Cefilac of America, Inc., a corporation; and Allendale Mutual Insurance Company, a corporation, Plaintiffs, v. PINKERTON'S, INC., a corporation; Federal Insurance Company, a corporation, Defendants.

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

October 28, 1980.

Attorney(s) appearing for the Case

Robins, Davis & Lyons by James D. Steiner and Lawrence Zelle, Minneapolis, Minn., Smith, Haughey, Rice & Roegge by Laurence D. Smith, Grand Rapids, Mich., for plaintiffs.

Butzbaugh, Page, Butzbaugh & Dewane by John E. Dewane, St. Joseph, Mich., Baxter & Hammond by William S. Farr, Grand Rapids, Mich., for defendant Pinkerton's.

Seymour, Seymour, Conybeare & Straub by Bruce C. Conybeare, St. Joseph, Mich., for Federal.

OPINION AND ORDER

BENJAMIN F. GIBSON, District Judge.

This is a diversity action. The undisputed facts of this case are that, on July 23, 1977, Jeffrey Sunday was an employee of defendant Pinkerton's in the capacity of Fire Prevention Guard. As such, Sunday was assigned to guard plaintiff Hoover's Bridgeman Plant. On the date in question, Sunday willfully and deliberately started a fire on the premises which resulted in an explosion causing extensive property...

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