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  5. 879 F.Supp. 1078 (1995)
 

DUFFEE, BY & THROUGH THORNTON v. MURRAY OHIO MFG.

No. 94-4022-SAC.

879 F.Supp. 1078 (1995)

Shane DUFFEE, minor, By and Through guardian and next friend, Rose THORNTON, Plaintiff, v. MURRAY OHIO MANUFACTURING CO.; Walmart Stores, Inc.; and Shimano American Inc., Defendants.

United States District Court, D. Kansas.

February 8, 1995.

Attorney(s) appearing for the Case

Mark W. Works, Works, Works & Works, P.A., Topeka, KS, for Rose Thornton.

Donald Patterson, Fisher, Patterson, Sayler & Smith, Topeka, KS, for Murray Ohio Mfg. Co.

David E. Larson, Melody L. Nashan, Watson & Marshall L.C., Kansas City, MO, for Shimano American Inc.

MEMORANDUM AND ORDER

CROW, District Judge.

This product liability case comes before the court on two motions. The defendants Murray Ohio Manufacturing Co. ("Murray") and Walmart Stores, Inc. ("Walmart") move for partial summary judgment on the plaintiff's failure to warn claim (Dk. 83) and for summary judgment (Dk. 136) on the plaintiff's remaining claims.

On February 21, 1992, at approximately 6:50 p.m., almost forty-five minutes after sunset, the...

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