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POWERS v. COTTRELL, INC.

No. 12-5923.

728 F.3d 509 (2013)

James POWERS, Linda Powers, Plaintiffs-Appellees, v. COTTRELL, INC., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 6, 2013.

Attorney(s) appearing for the Case

ON BRIEF: Daniel J. Carpenter , St. Louis, Missouri, Paul M. Buchanan , Ortale, Kelley, Herbert & Crawford, Nashville, Tennessee, for Appellant. Robert P. Gritton , Murfreesboro, Tennessee, for Appellees.

Before MERRITT, SUHRHEINRICH, and DONALD, Circuit Judges.

OPINION

SUHRHEINRICH, Circuit Judge.

BACKGROUND

On September 18, 2006, Plaintiffs James and Linda Powers (collectively, "Plaintiffs") filed this product-liability case in the Circuit Court for Rutherford County, Tennessee (the "state court") against Cottrell, arising from a shoulder injury sustained by James Powers ("Powers"). The injury occurred in the course and scope of Powers' employment by Jack Cooper Transport Company, Inc. ("JCTC"),

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