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BOWLING GREEN MUN. UTILITIES v. THOMASSON LUMBER CO.

Civ. A. No. C94-105-BG(H).

902 F.Supp. 134 (1995)

BOWLING GREEN MUNICIPAL UTILITIES, Plaintiff, v. THOMASSON LUMBER CO., et al., Defendants.

United States District Court, W.D. Kentucky.

October 11, 1995.

Attorney(s) appearing for the Case

Timothy L. Mauldin, George E. Strickler, Jr., Bell, Orr, Ayers & Moore, Bowling Green, Kentucky, for Bowling Green Mun. Utilities.

Christopher P. O'Bryan, Louisville, Kentucky, T. Gregory Slother, Peachtree City, Georgia, for Thomasson Lumber Company.

Thomas N. Kerrick, Campbell, Kerrick & Grise, Bowling Green, Kentucky, for Olon Belcher.

MEMORANDUM OPINION

HEYBURN, District Judge.

This matter is before the Court on the motion of Defendants, Thomasson Lumber Company and Olin Belcher d/b/a Olin Belcher Lumber Company, to dismiss Plaintiff's tort claims as a matter of law. Plaintiff, Bowling Green Municipal Utilities, purchased several hundred allegedly defective utility poles from Defendant Thomasson. Plaintiff's complaint seeks recovery in both tort and contract for the defective goods. Defendants...

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