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MILLER v. BAKER IMPLEMENT CO.

No. 04-3419.

439 F.3d 407 (2006)

Gordon E. MILLER, Jr., Plaintiff—Appellant, v. BAKER IMPLEMENT COMPANY, (Originally sued as Baker Implements Corporation); CNH America LLC, formerly sued as Case Corporation and as Case LLC; Walter Kidde Portable Equipment, Inc.; Kidde, Inc., Defendants—Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: March 1, 2006.

Attorney(s) appearing for the Case

David O. Kemp, argued, Dallas, TX (Jason M. Palculict, on the brief), for appellant.

Mark Mayfield, argued, Jonesboro, AR (J.V. Phelps, on the brief), for Appellee CNH America.

Mark W. Hodge, argued, Little Rock, AR (Jim L. Julian, on the brief), for Appellee Bake Implement.

Janet Pulliam, argued, Little Rock, AR (Benjamin D. Brenner, on the brief), for Appellee Kidde.

Before MURPHY, MCMILLIAN, and GRUENDER, Circuit Judges.

MURPHY, Circuit Judge.

Gordon E. Miller's cotton picker caught on fire and was destroyed when the machine's fire extinguishers failed to discharge. His insurer brought this subrogation action against the manufacturers of the cotton picker and the fire extinguishers as well as the distributor, for negligence, breach of warranty, strict liability, and violations of the Arkansas Deceptive Trade Practices Act. The district court2 granted summary...

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