MEMORANDUM AND ORDER
FOREMAN, Chief Judge:
This matter is before the Court on defendant's Motion for Summary Judgment. The parties briefed the issues and oral argument was heard in chambers on October 13, 1987.
This case involves a claim for personal injury allegedly sustained during the operation of a shuttle car which was produced by defendant and used to transport coal miners while underground. Counts I and III of the complaint are premised on...
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