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COLE v. KELLER INDUSTRIES, INC.

Civ. A. No. 3:94CV375.

872 F.Supp. 1470 (1994)

David D. COLE, Plaintiff, v. KELLER INDUSTRIES, INC., Defendant.

United States District Court, E.D. Virginia, Richmond Division.

November 18, 1994.

Attorney(s) appearing for the Case

Thomas Bryan Byrne, Richmond, VA, for plaintiff.

Steven Colin McCallum, Terrence Mitchell Bagley, McGuire, Woods, Battle & Boothe, Richmond, VA, for defendant.

MEMORANDUM OPINION

SPENCER, District Judge.

This product liability case arises out of an accident involving a Keller Model No. 926 six-foot aluminum ladder used by the plaintiff, David Cole ("Cole"). Defendant Keller Industries, Inc. ("Keller") has moved for summary judgment on the grounds of spoliation of evidence, and failure to provide timely notice of the alleged breach of warranty. For the reasons stated hereinafter, the defendant's motion is...

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