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BOWMAN v. NIAGARA MACH. AND TOOL WORKS, INC.

No. NA 84-152-C.

620 F.Supp. 1484 (1985)

Rodney BOWMAN v. NIAGARA MACHINE AND TOOL WORKS, INC., et al.

United States District Court, S.D. Indiana, New Albany Division.

November 7, 1985.

Attorney(s) appearing for the Case

Gray, Robinson, Eckert & Ryan by Richard D. Schreiber, George Clyde Gray, Indianapolis, Ind., for plaintiff.

Hunt, Suedhoff, Borror & Eilbacher by Leonard E. Eilbacher, Arthur G. Surguine, Jr., Fort Wayne, Ind., Wyatt, Tarrant, Combs & Orbison by James E. Bourne, New Albany, Ind., for defendant Niagara Machine and Tool Works, Inc.

White & Raub by Keith A. Gaston, Nicholas T. Buschmann, Indianapolis, Ind., for defendant Kempler Indus.

Cooper, Cox, Jacobs, Reed & Barlow by George A. Leininger, Madison, Ind., for defendant Positive Safety Mfg. Co.

Defendant The Safeguard Mfg. Co. has never been served.

Defendant The Rockford Safety Equipment Co. is reported to be bankrupt.

ORDER

STECKLER, District Judge.

This matter is before the Court on a motion for summary judgment by defendant Niagara Machine and Tool Works, Inc. Defendant argues that the Indiana Products Liability Act, Ind. Code § 33-1-1.5-5 bars plaintiff's claims for damages allegedly caused by defendant's product. Plaintiff contends that the Indiana Act is unconstitutional. Plaintiff has requested oral argument, but the Court has determined that it is not necessary...

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