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THORNTON v. T & W TIRE, L.P.

No. CIV-05-0909-F.

410 F.Supp.2d 1098 (2006)

Linda THORNTON, Individually and as personal representative for the estate of Charles David Thornton, deceased, Sidney M. Thornton, and Don Thornton, Plaintiffs, v. T & W TIRE, L.P. and/or T & W Tire and Retread, Inc., Defendants.

United States District Court, W.D. Oklahoma.

January 20, 2006.

Attorney(s) appearing for the Case

Bill D. Reynolds, Nolan Caddell & Reynolds PA, Fort Smith, AR, Dan George, Sallisaw, OK, Gregory D. Taylor, McHenry McHenry & Taylor, Little Rock, AR, for Plaintiffs.

Kenneth A. Brokaw, Day Edwards Propester & Christensen PC, Oklahoma City, OK, for Defendants.

ORDER

FRIOT, District Judge.

Defendants' Motion for Summary Judgment, filed November 23, 2005 is before the court. (Doc. no. 19.) Plaintiffs have responded, and the motion is ready for determination.

Standards

Under Federal Rule of Civil Procedure 56(c), summary judgment shall be granted if the record shows that "there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter...

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