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TURNBULL v. ANDREW CROWE & SONS, INC.

No. K81-346 CA.

572 F.Supp. 1254 (1983)

Thomas Pierce TURNBULL, Representative of Underwriters at Lloyds of London, and Irwin Toys, Inc., a subsidiary of Miner Industries, Inc., a New York corporation, Plaintiffs, v. ANDREW CROWE & SONS, INC., a Maine corporation, Defendant.

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

October 24, 1983.

Attorney(s) appearing for the Case

Laurence D. Connor, Carolyn D. Bell, Dykema, Gossett, Spencer, Goodnow & Trigg, Detroit, Mich., for plaintiffs.

James T. Mellon, Mellon & McCarthy, Troy, Mich., for defendant.

OPINION

BENJAMIN F. GIBSON, District Judge.

The present action grows out of a prior lawsuit in which Sears, Roebuck and Company (Sears) and Irwin Toys, Inc. were sued as a result of injuries suffered by Lillian Irwin when the rope supporting the tire swing on which she was playing ruptured and struck her in the eye. Liability in that suit (hereafter the products liability suit) was predicated on negligence and warranty violations by Sears as seller and Irwin...

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