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STILES v. CHLORIDE, INC.

Civ. No. B-C-86-40.

668 F.Supp. 505 (1987)

Michael Landon STILES, Plaintiff, v. CHLORIDE, INC., East Tennessee Battery Company, Inc. and Mr. Hoyt Verner t/a McCaysville Auto Parts, Defendants.

United States District Court, W.D. North Carolina, Bryson City Division.

September 2, 1987.

Attorney(s) appearing for the Case

Douglas B. Abrams and Anna Neal Blanchard, Raleigh, N.C., and Billy D. Baliles, Ducktown, Tenn., for plaintiff.

J. William Russell, Russell, Greene & King, P.A., Asheville, N.C., for defendant East Tennessee Battery.

Frank P. Graham and Landon Roberts, Roberts, Stevens & Cogburn, P.A., Asheville, N.C., for defendant Chloride.

C.E. Hyde, Hyde, Hoover & Lindsay, Murphy, N.C., for defendant Verner and McCaysville Auto Parts.

MEMORANDUM OF DECISION

SENTELLE, District Judge.

THIS CASE is before the Court on various motions of the several defendants for summary judgment.

Plaintiff's complaint alleges that he purchased a battery on January 4, 1985, from defendant Hoyt Verner (Verner) sold under the label of defendant East Tennessee Battery Company, Inc., (East Tennessee) and manufactured by defendant Chloride, Inc. (Chloride). The battery exploded "suddenly and without warning...

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