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FOWLER v. WERNER CO.

Cause No. 1:13-CV-126-RLM-RBC.

JERRY J. FOWLER AND MICHELE FOWLER, Plaintiffs, v. WERNER CO. D/B/A NEW WERNER CO., A DELAWARE CORPORATION, NEW WERNER HOLDING CO. (DE), INC. F/K/A NEW WERNER HOLDING CO. (DE), LLC D/B/A WERNER HOLDING CO., A DELAWARE CORPORATION, LOWE'S COMPANIES, INC., A NORTH CAROLINA CORPORATION, AND LOWE'S HOME CENTERS, INC., A NORTH CAROLINA CORPORATION, Defendants.

United States District Court, N.D. Indiana, Fort Wayne Division.

September 18, 2014.

Attorney(s) appearing for the Case

Jerry J Fowler, Plaintiff, represented by Malcolm B Futhey, III, The Futhey Law Firm PLC.

Michele Fowler, Plaintiff, represented by Malcolm B Futhey, III, The Futhey Law Firm PLC.

Lowe's Companies Inc, Defendant, represented by Elliott I Pinkie, Schultz & Pogue LLP.

Lowe's Home Centers Inc, Defendant, represented by Elliott I Pinkie, Schultz & Pogue LLP.

New Werner Holding Co Inc, Defendant, represented by Elliott I Pinkie, Schultz & Pogue LLP.

Werner Co, Defendant, represented by Elliott I Pinkie, Schultz & Pogue LLP.

OPINION and ORDER

ROBERT L. MILLER, Jr., District Judge.

This matter is before the court on a summary judgment motion filed by defendants Werner Co. d/b/a New Werner Co., and New Werner Holding Co. (DE), Inc. f/k/a New Werner Holding Co. (DE), LLC d/b/a Werner Holding Co. The Werner defendants argue there is no genuine issue of material fact as to the claims asserted by plaintiffs Jerry Fowler and Michele Fowler. The Fowlers oppose the motion. Argument was...

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