ROUNDHOUSE v. OWENS-ILLINOIS, INC.

No. K 107-71.

405 F.Supp. 868 (1975)

Jacob ROUNDHOUSE and Jay Roundhouse, a partnership d/b/a Roundhouse Trout Ranch and Robinett Trout Pond, Plaintiffs, v. OWENS-ILLINOIS, INC., an Ohio Corporation, Defendant.

United States District Court, W. D. Michigan, S. D.

September 19, 1975.


Attorney(s) appearing for the Case

Richard C. Walsh, Joseph J. Jerkins, Kalamazoo, Mich., for plaintiffs.

Eugene F. Townsend, Jr., Lansing, Mich., for defendant.


OPINION ON MOTION FOR SUMMARY JUDGMENT

MILES, District Judge.

On July 7, August 11 and October 5, 1967, plaintiff, who is in the business of growing and marketing fish, purchased trout from defendant, taking delivery of same at defendant's Castalia Farms, Ohio operation. Within a year, according to the plaintiff, the fish had become infected with "whirling disease." Subsequently, on September 30, 1971, plaintiff filed this suit based on diversity jurisdiction...

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