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FRANKENMUTH MUT. INS. CO. v. ACE HARDWARE CORP.

No. 2:94-CV-168.

899 F.Supp. 348 (1995)

FRANKENMUTH MUTUAL INSURANCE COMPANY, a Michigan corporation, Subrogee of George and Jill VanStratten, Plaintiff, v. ACE HARDWARE CORPORATION, an Illinois corporation, Defendant.

United States District Court, W.D. Michigan, Northern Division.

June 19, 1995.

Attorney(s) appearing for the Case

William J. Ewald, Sullivan, Ward, Bone, Tyler & Asher, P.C., Grand Rapids, MI, for plaintiff.

Glenn W. Smith, Bensinger, Cotant, Menkes & Aardema, P.C., Marquette, MI, for defendant.

OPINION

ROBERT HOLMES BELL, District Judge.

Plaintiff Frankenmuth Mutual Insurance Company, subrogee of George and Jill VanStratten, filed this two count complaint alleging negligence and breach of implied warranty against Defendant Ace Hardware Corporation in the Baraga County Circuit Court. Plaintiff alleges that Defendant's product, Ace Five Star Penetrating Oil Wood Stain, was the proximate cause of a fire which destroyed the VanStratten residence...

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