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BEIL v. LAKEWOOD ENGINEERING AND MFG. CO.

No. 92-6702.

15 F.3d 546 (1994)

Robert L. BEIL, Executor of the Estate of Carrie Beil, deceased; Robert L. Beil, Executor of the Estate of David Earl Beil, deceased; Terry L. Beil, Individually and as the wife of Robert L. Beil; and Robert L. Beil, Individually and as the husband of Terry L. Beil, Plaintiffs, State Automobile Mutual Insurance Company, Plaintiff-Appellant, v. LAKEWOOD ENGINEERING AND MANUFACTURING COMPANY; Zayre Corporation; The TJX Companies, Inc.; and Ames Department Stores, Inc., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided January 31, 1994.

Attorney(s) appearing for the Case

William B. Strubbe Cincinnati, OH (argued and briefed), for plaintiff-appellant.

Gregory M. Bartlett (briefed), Susanne M. Cetrulo (argued), Ware, Bryson, West, Bartlett, Kummer & Knapmeyer, Edgewood, KY, for defendants-appellees.

Before: GUY and RYAN, Circuit Judges; and MILES, Senior District Judge.

MILES, Senior District Judge.

This case arises out of a house fire in Kentucky. The house was insured by State Automobile Mutual Insurance Company ("State Auto"). State Auto obtained subrogation rights and filed this lawsuit against the manufacturer of a heater believed to have caused the fire. The manufacturer moved for summary judgment based on Rule 37 of the Federal Rules of Civil Procedure because the heater had been discarded by a fire examiner who was hired...

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