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SMITHFIELD PACKING CO., INC. v. DUNHAM-BUSH, INC.

Civ. A. No. 75-542-N.

416 F.Supp. 1156 (1976)

SMITHFIELD PACKING COMPANY, INC., Plaintiff, v. DUNHAM-BUSH, INCORPORATED, et al., Defendants.

United States District Court, E. D. Virginia, Norfolk Division.

July 26, 1976.

Attorney(s) appearing for the Case

Seawell, McCoy, Dalton, Hughes, Gore & Timms, Norfolk, Va., for plaintiff.

Herbert & Bohannon, Norfolk, Va., for Lukens Steel Co.

West, Wilkinson, Stein & West, Newport News, Va., for Dunham-Bush.

White, Reynolds, Smith, Winters, Townsend & Lucas, Norfolk, Va., for Boiler Engineering.

Eley, Rutherford & Leafe, Norfolk, Va., for Phoenix Steel.

Breeden, Howard & MacMillan, Norfolk, Va., for Hartford Steam Boiler.

Taylor, Gustin, Harris, Fears & Davis, Norfolk, Va., for Space Comfort, Inc.

MEMORANDUM OPINION AND ORDER

CLARKE, District Judge.

This matter comes before the Court on defendants' motions to dismiss and for summary judgment on the ground that the applicable statute of limitations bars this suit. Plaintiff purchased a boiler in December of 1963 for use in its Smithfield, Virginia, plant. On October 22, 1973, the boiler exploded and caused damages to plaintiff's property. Plaintiff filed suit on October 21, 1975. Summarizing the forty...

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