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ETHERIDGE v. GROVE MANUFACTURING COMPANY

No. 19022.

415 F.2d 1338 (1969)

Roy F. ETHERIDGE, Appellant, v. GROVE MANUFACTURING COMPANY and Nixon Machinery & Supply Company, Appellees.

United States Court of Appeals Sixth Circuit.

As Amended October 7, 1969.

Attorney(s) appearing for the Case

Clifford L. Walters, Paducah, Ky., for appellant, Charles Allen Williams & Associates, Paducah, Ky., on brief.

Earle T. Shoup, Paducah, Ky., for appellee, Grove Mfg. Co.

George R. Effinger, Paducah, Ky., for appellee, Nixon Machinery & Supply Co., Andrew J. Russell, Boehl, Stopher, Graves & Deindoerfer, Paducah, Ky., on brief.

Before PHILLIPS, EDWARDS and COMBS, Circuit Judges.

PHILLIPS, Circuit Judge.

The appeal in this products liability personal injury action requires an interpretation of Kentucky's long arm statute of 1946, K.R.S. § 271.610. The broader long arm statute of 1968, K.R.S. § 454.210 was not in effect at the time the accident occurred, September 20, 1966, or when the complaint was filed on September 19, 1967.

Jurisdiction is based upon diversity of citizenship. Kentucky law controls. The District Court dismissed...

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