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KELLY v. McFARLAND

No. CIV.A. 99-435-HRW.

243 F.Supp.2d 715 (2001)

Randy KELLY and Sherry Kelly, Plaintiffs, v. Brenda McFARLAND et al., Defendants.

United States District Court, E.D. Kentucky.

September 28, 2001.

Attorney(s) appearing for the Case

C.V. Reynolds, Neeley & Reynolds, Prestonburg, KY, for Plaintiffs.

Michael J. Cox, Miller, Griffin & Marks, Lexington, KY, for Metropolitan Property & Casualty Co.

J. Clarke Keller, Stites & Harbison, Lexington, KY, for John Deere Ins. Co.

MEMORANDUM OPINION & ORDER

WILHOIT, Senior District Judge.

This matter is before the Court on cross motions for partial summary judgment [Record Nos. 68 & 70]. The matter has been fully briefed and is now ripe for review.

I. Introduction

This most interesting set of facts is undisputed by the parties. On Saturday, August 21, 1999, the plaintiffs were at the Gambrel Toyota dealership in Corbin, Kentucky to purchase a 1990...

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