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BAILEY PVS OXIDE, LLC v. PLAS-TANK INDUSTRIES, INC.

No. 3:02CV7363.

330 F.Supp.2d 933 (2004)

BAILEY PVS OXIDE, LLC, et al., Plaintiff v. PLAS-TANKS INDUSTRIES, INC., Defendant

United States District Court, N.D. Ohio, Western Division.

August 20, 2004.

Attorney(s) appearing for the Case

Francis J. Landry, Wasserman, Bryan, Landry & Honold, Toledo, OH, Peter A.T. Sartin, Pasadena, CA, for Bailey PVS Oxide (Delta) LLC, Fulcrum Insurance Company, Plaintiffs.

David A. Eberly, Eberly McMahon Hochscheid, Jennifer L. Kirkpatrick, Freund, Freeze & Arnold, Michelle D. Nobbe, Freund, Freeze & Arnold, Cincinnati, OH, Timothy C James, Ritter, Robinson, McCready & James, Wendy C. Johnson, Ritter, Robinson, McCready & James, Toledo, OH, for Kemper Indemnity Insurance Company, Monroe Guaranty Insurance Company, Plaintiff/Intervenors.

Byron S. Choka, Spengler Nathanson, Toledo, OH, Harry W. Cappel, Graydon, Head & Ritchey, Mary M. Fleming, Barrett & Weber, Michael Roberts, Graydon Head & Ritchey, Stephanie K. Bowman, Barrett & Weber, Cincinnati, OH, for Plas-Tank Industries, Inc., Defendant.

ORDER

CARR, District Judge.

This is a diversity insurance subrogation suit that arises from the collapse of a fiberglass tank containing acid. The collapse occurred at a facility operated by the plaintiff Bailey PVS Oxide (Bailey) in Delta, Ohio. The defendant is the tank's manufacturer, Plas-Tanks Industries (Plas-Tank). Pending are cross-motions for summary judgment. For the reasons that follow, the motions shall be denied.

Bailey purchased the...

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