HARTFORD ACC. & INDEM. CO. v. MITCHELL BUICK

No. EC 79-145-S-P.

479 F.Supp. 345 (1979)

The HARTFORD ACCIDENT & INDEMNITY COMPANY, Plaintiff, v. MITCHELL BUICK-PONTIAC AND EQUIPMENT COMPANY; General Motors Corporation, a Foreign Corporation; the Correct Designation of the Entity known as General Motors Corporation; the Correct Designation of the Entity that designed the vehicle referred to here (hereinafter referred to as "Said Opel"), the Entity that Manufactured the said vehicle; the Entity that assembled the Opel; and the Entity responsible for locating gas tank in said vehicle in the location in which it was in on the occasion of the incident made the basis of this suit; the Entity Responsible for the configuration of the rear end of the body of said Opel, including, but not limited to, the location and size of the rear taillights, Defendants.

United States District Court, N. D. Mississippi, E. D.

October 10, 1979.


Attorney(s) appearing for the Case

Ralph E. Pogue, Aberdeen, Miss., for plaintiff.

W. Swan Yerger, for General Motors, Robert T. Gordon, Jr., (Lead Counsel), Heidelberg, Woodliff & Franks, Jackson, Miss., W. H. Jolly, Jr., Jolly & Jolly, Columbus, Miss., for defendants.


MEMORANDUM OF DECISION

ORMA R. SMITH, District Judge.

This action is before the court upon the separate motions of the defendant General Motors Corporation, and the defendant Mitchell Buick-Pontiac and Equipment Company, to dismiss for failure to state a claim upon which relief can be granted, pursuant to Rule 12(b)(6), Fed.R.Civ.P. The plaintiff, Hartford Accident and Indemnity Company, is a corporation organized and existing under the laws of the State...

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