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VINE STREET LLC v. KEELING

No. 6:03 CV 223.

361 F.Supp.2d 600 (2005)

VINE STREET LLC Plaintiff v. James R. KEELING, As Independent Executor of the Estate of David Bart Keeling, Sr., Deceased; et al. Defendants.

United States District Court, E.D. Texas, Tyler Division.

March 24, 2005.

Attorney(s) appearing for the Case

Robert Scott Davis of Flowers, Davis, Tyler, TX, for Plaintiffs.

Kenneth Carl Baker, of Baker & Patterson Houston, TX, for Borg Warner Corp, defendant.

Stephen J. Valen of Filice, Brown, Eassa & McLeod, Oakland, CA, for Dow Chemical Co., defendant.

Jonathan Burton Shoebotham of Thompson & Knight, Houston, TX, for Dow Chemical Corp., defendant.

E. Paul Cauley, Jr., Elizabeth Weathers of Sedgwick Detert, Moran & Arnold, Dallas, TX, for Fedders Corp., Maytag Corp., defendants.

Charles Homer Clark of Clark, Lea & Ainsworth, Tyler, TX, for James R. Keeling, defendant.

MEMORANDUM OPINION AND ORDER

DAVIS, District Judge.

Before the Court is Defendants Maytag Corporation ("Maytag") and Fedders Corporation's ("Fedders") Motion for Summary Judgment (Docket No. 122) on all claims, pursuant to Federal Rule of Civil Procedure 56. For the reasons set forth below, the Court GRANTS in part and DENIES in part the motion.

BACKGROUND

Plaintiff Vine Street LLC ("Vine Street") owns property...

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