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MORGAN v. CABELA'S INC.

Civil No. 09-91-GFVT.

788 F.Supp.2d 552 (2011)

Rose Mary MORGAN, Individually and as the Administratrix of the Estate of Clifford Morgan, Plaintiff, v. CABELA'S INC. and North Starr Treestands, Inc., Defendants.

United States District Court, E.D. Kentucky, Southern Division, London.

March 7, 2011.

Attorney(s) appearing for the Case

Phillip Lewis, Hyden, KY, William Gary Crabtree, London, KY, for Plaintiff.

Jeffrey A. Darling, R. Craig Reinhardt, Reinhardt & Associates PLLC, Lexington, KY, J. Warren Keller, Michael J. Bender, Taylor, Keller & Oswald, PLLC, London, KY, for Defendants.

MEMORANDUM OPINION & ORDER

GREGORY F. VANTATENHOVE, District Judge.

This matter is before the Court on Cabela's Inc.'s Motion for Summary Judgment. [R. 28.] Therein, Cabela's argues that it is protected from liability under K.R.S. 411.340, the Kentucky Middleman Statute. Whether Cabela's created an express warranty is a genuine issue of material fact, and for this reason the Court will deny summary judgment.

I.

Clifford Morgan purchased...

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