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PAYNE v. A.O. SMITH CORP.

No. C-3-81-049.

578 F.Supp. 733 (1983)

Ernest PAYNE, Jr., Rose Marie Payne, Plaintiffs, v. A.O. SMITH CORPORATION, Emerson Electric Company, Emerson Electric Company (White-Rodgers Division), Defendants.

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

November 14, 1983.

Attorney(s) appearing for the Case

Anthony B. Pennington, Springfield, Ohio, Stanley E. Karon, St. Paul, Minn., for plaintiffs.

Robert E. Frost, Daniel R. Freytag, Columbus, Ohio, for defendant A.O. Smith.

Peter K. Graves, Jr., Dayton, Ohio, Marvin D. Morgenstein, San Francisco, Cal., for defendant White Division, Emerson Elec. Co.

DECISION AND ENTRY SUSTAINING IN PART, AND OVERRULING IN PART, PLAINTIFFS' MOTION FOR LEAVE TO FILE AMENDED COMPLAINT; DEFENDANTS' MOTIONS TO DISMISS SUSTAINED IN PART AND OVERRULED IN PART; DECISION MADE CONDITIONAL ON PLAINTIFFS' FILING SECOND AMENDED COMPLAINT

RICE, District Judge.

Plaintiffs filed this diversity action on February 17, 1981, premised on a water heater explosion in Plaintiffs' home on August 14, 1979, from which they allegedly received personal...

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