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DIERKSEN v. NAVISTAR INTERN. TRANSP. CORP.

No. 95-1242-WEB.

912 F.Supp. 480 (1996)

Darryl DIERKSEN, a minor, By and Through his parents and natural guardians, Timothy R. DIERKSEN and Sherry Dierksen, Plaintiff, v. NAVISTAR INTERNATIONAL TRANSPORTATION CORPORATION, formerly known as International Harvester Corporation, a Delaware corporation, Defendant.

United States District Court, D. Kansas.

January 25, 1996.

Attorney(s) appearing for the Case

Roger M. Theis, John T. Moore, Hinkle, Eberhart & Elkouri, Wichita, KS, and Gerald L. Michaud, the Law Offices of Gerald L. Michaud, Derby, KS, for plaintiffs.

Larry A. Withers, Kahrs, Nelson, Fanning, Hite & Kellogg, Wichita, KS, Thomas O. Baker, Kara Trouslot Stubbs, and James T. Seigfreid, Jr., Baker, Sterchi & Cowden, Kansas City, MO, for defendant.

MEMORANDUM AND ORDER

WESLEY E. BROWN, Senior District Judge.

The complaint in this products liability action alleges that plaintiff Darryl Dierksen, a minor child, was injured by a defective tractor-type lawn mower manufactured by defendant Navistar. Each side has filed a motion for summary judgment. Plaintiff's motion requests that certain defenses be stricken from the answer. Defendant's motion asserts that plaintiff's claims are time-barred under...

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