MEMORANDUM OPINION
COBB, District Judge.
The defendants, The Scott & Fetzer Co., and The Kirby Co. (Kirby), moved for partial summary judgment in this case on Counts I and II of the plaintiffs', Jerry and Miller Cranfill (The Cranfills) complaint. This motion for partial summary judgment (Kirby's first motion) was filed December 21, 1984. The Cranfills responded to Kirby's First Motion on December 31, 1984, filing their response to defendants' motion...
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