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GREENWOOD v. McDONOUGH POWER EQUIPMENT, INC.

No. 77-4087.

437 F.Supp. 707 (1977)

Billy G. GREENWOOD, a minor child, et al., Plaintiffs, v. McDONOUGH POWER EQUIPMENT, INC., Defendant.

United States District Court, D. Kansas.

September 27, 1977.

Attorney(s) appearing for the Case

Gene E. Schroer, Topeka, Kan., for plaintiffs.

Donald Patterson, Topeka, Kan., for defendant.

MEMORANDUM AND ORDER

ROGERS, District Judge.

This is a products liability action which comes before the Court upon defendant's motion to dismiss. The motion raises serious questions concerning the interaction of the Kansas comparative negligence statute, specifically subsection (c) of K.S.A. 60-258a, with concepts of federal diversity jurisdiction.

Plaintiff is a citizen of Kansas who was injured by a lawnmower manufactured by defendant, which is...

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