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DAVIS v. FMC CORP.

No. 78-0107-D.

537 F.Supp. 466 (1982)

Marilyn DAVIS, Plaintiff, v. FMC CORPORATION, Food Processing Machinery Division, Defendants. FMC CORPORATION, Food Processing Machinery Division, Third Party Plaintiff, v. JOAN OF ARC COMPANY, a Corporation, Third Party Defendant.

United States District Court, C. D. Illinois, Danville Division.

March 12, 1982.

Attorney(s) appearing for the Case

Carroll Dukes, Dukes, O'Rourke, Stewart & Martin, Ltd., Danville, Ill., James McCabe, McCabe, McCabe & Rader, Williamsport, Ind., for plaintiff.

Robert Z. Hickman, Gunn, Hickman, Kesler, Jenkins & Brougher, P. C., Danville, Ill., for defendants.

Robert Banks, Sebat, Swanson, Banks, Lessen & Garman, Danville, Ill., for intervening petitioner.

ORDER

BAKER, District Judge.

In this civil action for damages connected with the operation of a corn cutting machine, the third party defendant, Joan of Arc Company, has moved to dismiss the third party complaint filed by the defendant FMC Corporation.

The plaintiff, Marilyn Davis, was injured on August 16, 1976, while operating a corn cutting machine for her employer, Joan of Arc Company. The complaint based on

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