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ROGERS v. FIRESTONE TIRE AND RUBBER CO.

No. 82-1335-CIV-EPS.

599 F.Supp. 676 (1984)

Terry Wayne ROGERS, Plaintiff, v. FIRESTONE TIRE AND RUBBER CO. a foreign corporation, and Fruehauf Corporation, a foreign corporation, Defendants/Third Party Plaintiffs, v. BIRMINGHAM MANUFACTURING CO., INC., an Alabama corporation, Third Party Defendant.

United States District Court, S.D. Florida, Miami Division.

December 3, 1984.

Attorney(s) appearing for the Case

John S. Seligman, Miami, Fla., for plaintiff.

Preddy, Kutner & Hardy, Rodd R. Buell, Miami, Fla., for defendants/third party plaintiffs.

MEMORANDUM OPINION AND ORDER GRANTING MOTION TO DISMISS THIRD PARTY COMPLAINT

SPELLMAN, District Judge.

On June 5, 1984 Defendant Fruehauf filed a Third Party Complaint against Birmingham Manufacturing Co. Inc. ("Birmingham"). The Third Party Complaint alleged that Birmingham designed and manufactured the trailer which was ordered through Fruehauf by Hobbs Trailers and resold to Hatch. Fruehauf claims that Birmingham owed it a duty to properly design and...

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