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STOVER v. EAGLE PRODUCTS, INC.

No. 93-4047-SAC.

896 F.Supp. 1085 (1995)

Russell STOVER and Marge Stover, Husband and Wife, Plaintiffs, v. EAGLE PRODUCTS, INC., Defendant.

United States District Court, D. Kansas.

August 17, 1995.

Attorney(s) appearing for the Case

Gavin Fritton, Wallace, Saunders, Austin, Brown & Enochs, Chartered, Overland Park, KS, G. Michael Fatall, Sanders & Simpson, P.C., Kansas City, MO, for Russell Stover, Marge Stover, Helen Shelley, Catherine Boehm, Jean Van Epps and Pam Stallbaumer.

Judy A. Pope, Dickson & Pope, P.A., Topeka, KS, G. Michael Fatall, Sanders & Simpson, P.C., Kansas City, MO, for Jean Van Epps.

James P. Nordstrom, Donald Patterson, Fisher, Patterson, Sayler & Smith, Topeka, KS, for Eagle Products, Inc.

MEMORANDUM AND ORDER

CROW, District Judge.

In this diversity of citizenship, products liability action, the plaintiffs, Russell and Marge Stover, claim that they have suffered economic loss due to the breaches of the implied warranty of fitness for a particular purpose and of the implied warranty of merchantability by the defendant, Eagle Products, Inc., a seller of dog food. The Stovers also contend that Eagle Products is liable under a theory of strict...

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