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BAILEY v. SKIPPERLINER INDUSTRIES, INC.

No. 3:01CV0361 CAN.

278 F.Supp.2d 945 (2003)

Harold "Bill" BAILEY and Carole Bailey, Plaintiffs, v. SKIPPERLINER INDUSTRIES, INC. and CATERPILLAR, INC., Defendants.

United States District Court, N.D. Indiana, South Bend Division.

August 22, 2003.

Attorney(s) appearing for the Case

John C Theisen, Holly A Brady, Theisen and Associates LLC, Fort Wayne, for Harold "Bill" Bailey, Carole Bailey, plaintiffs.

Thomas A Herr, John F Lyons, Michael H Michmerhuizen, Barrett and McNagny, Fort Wayne, Brian W Bell, Angela R Karras, Swanson Martin and Bell — Chi/IL, Chicago, IL, for Skipperliner Industries Inc, Caterpillar Inc, defendants.

MEMORANDUM AND ORDER

NUECHTERLEIN, United States Magistrate Judge.

Plaintiffs Harold and Carole Bailey ("the Baileys") initiated suit against Defendants Skipperliner Industries, Inc. ("Skipperliner") and Caterpillar, Inc. ("Caterpillar") on May 16, 2001. All parties consented to this Court's jurisdiction on July 16, 2001, pursuant to 28 U.S.C. § 636(c). On May 12, 2003, Caterpillar filed a motion for summary judgment followed by Skipperliner's motion...

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