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RAYCO MANUFACTURING, INC. v. DEUTZ CORPORATION

Case No. 5:08 CV 74.

771 F.Supp.2d 819 (2010)

RAYCO MANUFACTURING, INC., et al., Plaintiffs, v. DEUTZ CORPORATION, et al., Defendants.

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

November 3, 2010.

Attorney(s) appearing for the Case

Gary J. Gambel, Peter B. Sloss, Robert H. Murphy, Murphy, Rogers & Sloss, New Orleans, LA, Douglas A. DiPalma, Eric J. Weiss, Michael C. Cohan, Cavitch Familo & Durkin, Cleveland, OH, for Plaintiffs.

John Q. Lewis, Richard J. Bedell, Jr., Christopher M. McLaughlin, Jones Day, Cleveland, OH, for Defendants.

MEMORANDUM OPINION AND ORDER

DAVID D. DOWD, JR., District Judge.

In this case, plaintiff Rayco Manufacturing, Inc. (Rayco) and intervening plaintiff, Fecon, Inc. (Fecon), claim that the Deutz defendants' engines in equipment that they designed, manufactured and/or sold for use in the tree and landscape industry, failed when used for that purpose. Plaintiff and intervening plaintiff (collectively, plaintiffs) allege in their separate complaints that...

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