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GORMAN v. SAF-T-MATE, INC.

Civ. No. F 80-147.

513 F.Supp. 1028 (1981)

Todd GORMAN, a minor child, by his next friends, Franklin Gorman and Carol Gorman; and Franklin Gorman and Carol Gorman, individually and in their own right, Plaintiffs, v. SAF-T-MATE, INC., a Michigan Corporation, and North Harbor, Inc., an Indiana Corporation d/b/a North Harbor Marine, Defendants.

United States District Court, N. D. Indiana, Fort Wayne Division.

May 14, 1981.

Attorney(s) appearing for the Case

William F. McNagny and James P. Fenton, Fort Wayne, Ind., J. Daniel Brinkerhoff, Garrett, Ind., Gerald M. McNerny, Butler, Ind., for plaintiffs.

William E. Borror, Fort Wayne, Ind., for North Harbor, Inc.

Milford M. Miller, Fort Wayne, Ind., for Saf-T-Mate, Inc.

MEMORANDUM OF DECISION AND ORDER

ESCHBACH, Chief Judge.

This cause is before the court on the September 12, 1980 motion to dismiss filed by defendant Saf-T-Mate, Inc. The motion challenges plaintiffs' complaint on a variety of grounds. One of those challenges raises the question whether the private cause of action created by the Magnuson-Moss Warranty Act (Warranty Act), 15 U.S.C. § 2301 et seq., for breach of consumer product warranties includes...

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