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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