FORDYCE CONCRETE, INC. v. MACK TRUCKS, INC.

Civ. A. No. 81-2041.

535 F.Supp. 118 (1982)

FORDYCE CONCRETE, INC., Plaintiff, v. MACK TRUCKS, INC., et al., Defendants.

United States District Court, D. Kansas.

March 17, 1982.


Attorney(s) appearing for the Case

Dennis L. Horner and Martha Ridgway Schmid of the firm of Horner, Duckers & Cornwell, Kansas City, Kan., for plaintiff.

Edmund S. Gross of the firm of Weeks, Thomas & Lysaught, Kansas City, Kan., for defendant Mack Trucks, Inc.

Charles A. Getto of the firm of McAnany, Van Cleave & Phillips, Kansas City, Kan., for defendant Reynolds Metals Co.


MEMORANDUM AND ORDER

EARL E. O'CONNOR, Chief Judge.

Defendant Mack Truck, Inc., and defendant Reynolds Metals Company have filed respective motions for summary judgment on the grounds (1) that plaintiff's warranty claim is barred by the four-year statute of limitations pursuant to K.S.A. 84-2-725, and (2) that the damages suffered by plaintiff were solely economic loss and cannot support a strict liability claim...

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