Emmett Foster and his wife appeal a judgment in favor of appellees Caterpillar Tractor Company ("Caterpillar") and Gould, Inc. ("Gould") following a jury trial. Because of the Michigan Supreme Court's subsequent and specific rejection of language in an intermediate appellate court decision upon which the trial court relied, we are obliged to reverse and remand. Owens v. Allis-Chalmers Corp.,
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FOSTER v. CATERPILLAR TRACTOR CO.
No. 81-1417.
714 F.2d 654 (1983)
Emmett FOSTER and Peggy Foster, Plaintiffs-Appellants, v. CATERPILLAR TRACTOR COMPANY, a California corporation and Gould, Inc., a Delaware corporation, Defendants-Appellees.
United States Court of Appeals, Sixth Circuit.https://leagle.com/images/logo.png
Argued November 3, 1982.
Decided August 15, 1983.
Attorney(s) appearing for the Case
Barry P. Waldman, Marston, Sachs, Nunn, Kates, Kadushin & O'Hare, Elizabeth J. Larin (argued), Detroit, Mich., for plaintiffs-appellants.
James N. Martin, Robert George (argued), Mount Clemens, Mich., for Caterpillar.
Dennis B. Cotter (argued), Detroit, Mich., for Gould.
Before ENGEL and JONES, Circuit Judges, and VAN PELT, Senior District Judge.
United States Court of Appeals, Sixth Circuit.
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