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BEST v. DANTE GENTILINI TRUCKING, INC.

No. 90-CV-70579-DT.

778 F.Supp. 360 (1991)

Thomas H. BEST and Patricia Best, his wife, Plaintiffs, v. DANTE GENTILINI TRUCKING, INC., an Illinois corporation, Kenneth Ray Woods, Tricil Environmental Management, Inc., a Tennessee corporation, C.H. Billingsley, Jr., and Ryder Truck Rental, Inc., a Florida corporation, jointly and severally, Defendants.

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

November 21, 1991.

Attorney(s) appearing for the Case

Denise M. Smith, Costanzo Z. Lijoi, Detroit, Mich., for plaintiffs Thomas H. Best and Patricia Best.

Mark Shreve, Troy, Mich., for defendants Dante Gentilini Trucking, Inc. and Kenneth Ray Woods.

Joseph S. Mierzejewski, Bloomfield Hills, Mich., for defendants Tricil Environmental Management, Inc. and C.H. Billingsley, Jr.

L. Graham Ward, Bloomfield Hills, Mich., for defendant Ryder Truck Rental, Inc.

MEMORANDUM OPINION AND ORDER

ZATKOFF, District Judge.

I. INTRODUCTION

This is a negligence action arising out of a motor vehicle accident in Toledo, Ohio. Subject matter jurisdiction is based on diversity of citizenship and an amount in controversy exceeding $50,000, as plead in plaintiffs' complaint.

This matter is before the Court on defendant-Ryder Truck Rental, Inc.'s ("Ryder") Fed.R.Civ.P. 56(b) motion for summary judgment as to plaintiffs...

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