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SAMUELS v. BMW OF NORTH AMERICA, INC.

Civ. A. No. B-80-806-CA.

554 F.Supp. 1191 (1983)

Phillip R. SAMUELS v. BMW OF NORTH AMERICA, INC. and Bayerische Motoren Werke, AG.

United States District Court, E.D. Texas, Beaumont Division.

January 18, 1983.

Attorney(s) appearing for the Case

Jon B. Burmeister, Provost Umphrey, Groves, Tex., for plaintiff.

John T. Golden, Vinson & Elkins, Houston, Tex., Gilbert I. Low, Orgain, Bell & Tucker, Beaumont, Tex., for defendants.

MEMORANDUM ORDER

JOE J. FISHER, District Judge.

In this diversity action, Plaintiff Samuels sued B.M.W. of North America (BMW) and Bayerische Motoren Werke, AG. (Bayerische) under a theory of strict liability for damages caused by an allegedly defective product. Samuels was driving a recently purchased BMW automobile in Beaumont December 3, 1978 when, according to the complaint, "the carburettor stuck, causing him to lose control and turn the car over."...

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