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CITIZENS INS. OF AMERICA v. SEARS ROEBUCK AND CO.

No. 1:99 CV 453.

203 F.Supp.2d 837 (2002)

CITIZENS INSURANCE COMPANY OF AMERICA, as subrogee of Timothy and Linda McRoy, and Timothy, Linda, Mitchell, Andrew, and Ryan McRoy, individually, Plaintiffs, v. SEARS ROEBUCK AND CO., Modern Home Products, Inc., Turco Manufacturing Company, and Sunbeam Corporation, Defendants.

United States District Court, W.D. Michigan, Southern Division.

May 3, 2002.

Attorney(s) appearing for the Case

Michael J. Black, Buesser, Black, Graham & Buettner, P.C., Bloomfield Hills, MI, Christopher K. Cooke, Cummings, McClorey, Davis & Acho, P.L.C., Williamsburg, MI, Sheila E. Walsh, Denise L. Mitcham & Associates, Southfield, MI, Richard A. Marvin, Marvin & Associates, Grand Rapids, MI, for Plaintiffs.

Mark D. van der Laan, Dykema Gossett, PLLC, Grand Rapids, MI, Susan W. Sitron, David E. Eason Law Offices, Livonia, MI, for Defendants.

OPINION AND ORDER ON MOTIONS FOR SUMMARY JUDGMENT

MILES, Senior District Judge.

In this diversity action removed from Michigan's Kent County Circuit Court, the plaintiffs seek to recover for property damage and personal injuries allegedly arising from a fire which originated in an outdoor barbeque gas grill located at the home of plaintiffs Timothy, Linda, Andrew, Ryan, and Mitchell McRoy (collectively "the McRoys") in Caledonia, Michigan on May 22...

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