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GROVER HILL GRAIN CO. v. BAUGHMAN-OSTER, INC.

No. 81-3600.

728 F.2d 784 (1984)

GROVER HILL GRAIN CO., Plaintiff-Appellant, v. BAUGHMAN-OSTER, INC., Defendant-Third Party Plaintiff-Appellee, Champion Screw Company, Third Party Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided March 5, 1984.

Attorney(s) appearing for the Case

John P. McMahon argued, Terence P. Kemp, Baker & Hostetler, Columbus, Ohio, for plaintiff-appellant.

John A. Pietrykowski, Manahan, Pietrykowski & Bamman, Andrew J. Ayers argued, Toledo, Ohio, for defendant-third party plaintiff-appellee.

Michael L. Hardy, Cleveland, Ohio, for third party defendant-appellee.

Before LIVELY, Chief Judge, WELLFORD, Circuit Judge, and WILHOIT, District Judge.

WILHOIT, District Judge.

On October 29, 1978, an enormous metal grain bin collapsed at the premises of plaintiff-appellant, Grover Hill Grain Co. of Grover Hill, Ohio.1 Its collapse caused 90,000 bushels of shelled corn to spill out onto the ground. The bin in question was purchased in September, 1976, from its manufacturer, and designer, defendant-appellee, Baughman-Oster, Inc., of Taylorsville...

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