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HOLT v. STIHL, INC.

No. CIV-2-77-23.

449 F.Supp. 693 (1977)

Thomas Dewey HOLT, Plaintiff, v. STIHL, INC., et al., Defendants. STIHL, INC., Plaintiff-by-cross-claim, v. Andreas Stihl MASCHINEFABRIK, Defendant-by-cross-claim.

United States District Court, E. D. Tennessee, Northeastern Division.

November 22, 1977.

Attorney(s) appearing for the Case

Gene P. Gaby and Thomas L. Kilday, Milligan, Coleman, Fletcher & Gaby, Greeneville, Tenn., for Thomas Dewey Holt.

Samuel B. Miller, and Samuel B. Miller, II, Johnson City, Tenn., for Stihl, Inc.

Joseph O. Fuller, and Gene H. Tunnell, Fuller & Tunnell, Kingsport, Tenn., for Andreas Stihl Maschinefabrik.

MEMORANDUM OPINION AND ORDER

NEESE, District Judge.

This is a civil action to recover damages for personal injuries sustained while using a product which was manufactured and/or sold by the respective defendants. 28 U.S.C. §§ 1332(a)(1), (2), (c). The plaintiff excepted to the pretrial order herein of November 3, 1977, requesting the Court to delete therefrom as a contested issue of fact whether "* * * any negligence of the plaintiff proximately...

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