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C & S FUEL, INC. v. CLARK EQUIPMENT CO.

Civ. A. No. 79-40.

552 F.Supp. 340 (1982)

C & S FUEL, INC., Plaintiff, v. CLARK EQUIPMENT COMPANY, Defendant.

United States District Court, E.D. Kentucky, London Division.

November 24, 1982.

Attorney(s) appearing for the Case

John M. Choplin, II, Peter A. Schroeder, Norris, Choplin & Johnson, Indianapolis, Ind., for plaintiff.

H. Gregory Haynes, Edgar A. Zingman, Wyatt, Tarrant & Combs, Louisville, Ky., for defendant.

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...

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