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AMERICAN FAMILY MUT. INS. CO. v. SEARS, ROEBUCK & CO.

No. Civ. A. 95-1425-WEB.

998 F.Supp. 1162 (1998)

AMERICAN FAMILY MUTUAL INSURANCE COMPANY and Lim Enterprises, previously d/b/a The Butcher Block Grill, Plaintiffs, v. SEARS, ROEBUCK & CO., Defendant.

United States District Court, D. Kansas.

March 2, 1998.

Attorney(s) appearing for the Case

Jordan E. Clay, Fleeson, Gooing, Coulson & Kitch, L.L.C., Wichita, KS, for Plaintiffs.

Kenneth M. Clark, Young, Bogle, McCausland, Wells & Clark, Wichita, KS, for Defendant.

MEMORANDUM AND ORDER

WESLEY E. BROWN, Senior District Judge.

This is an action based on allegations of breach of implied warranty of merchantability and breach of express warranty under the Kansas version of the Uniform Commercial Code. Plaintiffs seek damages for economic loss due to the disruption of plaintiff Lim Enterprises' business following a fire which plaintiffs contend was caused by a defective product sold by the defendant. The matter is before...

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