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BAGGS v. EAGLE-PICHER INDUSTRIES, INC.

File No. G89-50911-CA.

750 F.Supp. 264 (1990)

Ralph BAGGS, Vern Baggs, Jr., Thomas A. Brown, Gary A. Delecki, Bill Elya III, Lori J. Glick, Merrill J. Hansen, Tracy Helsel, Robert Kanaziz, Anthony F. Krol, Garry Moore, Timothy Morrison, Deane W. Pahl, Penny J. Pahl, Gary Parker, Gary Roessler, Mark Russell, David Wilson, Mark Birgy, Daniel Cummer, Mary Ann Fender, Walter Montney, Michael Mooring, Patricia Russell, Daniel Schelske, Barbara Schirripa, Nadine Wells, James D. Wilson, II, James MacDonald, and persons similarly situated, Plaintiffs, v. EAGLE-PICHER INDUSTRIES, INC., an Ohio corporation, Defendant.

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

July 30, 1990.

Attorney(s) appearing for the Case

Craig W. Elhart, Elhart and Power, Traverse City, Mich., for plaintiffs.

Jon G. March, Miller, Johnson, Snell and Cummiskey, Grand Rapids, Mich., for defendant.

OPINION OF THE COURT

ROBERT HOLMES BELL, District Judge.

Now before the Court is defendant's motion for summary judgment pursuant to Fed.R.Civ.P. 56(c) (Rule 56) as to Counts I, II, IV, VI and portions of Count III of plaintiffs' third amended complaint. Also before the Court is defendant's motion for dismissal pursuant to Fed.R.Civ.P. 12(b)(6) [Rule 12(b)(6)] as to the remainder of Count III and all of Count V of plaintiffs' third amended complaint.

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