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WATERS v. DEUTZ CORP.

479 A.2d 273 (1984)

Noland WATERS and Elsie R. Waters, Plaintiffs, v. DEUTZ CORPORATION, a corporation of the State of Florida, and Klockner-Humboldt-Deutz AG, a foreign corporation, Defendants.

Supreme Court of Delaware.

Decided: May 11, 1984.

Attorney(s) appearing for the Case

Alan T. Boyd (argued) and Neal J. Levitsky of Bayard, Brill & Handelman, P.A., Wilmington, for plaintiffs.

L. Susan Faw of Richards, Layton & Finger, Wilmington, for defendant Klockner-Humboldt-Deutz AG.

Before McNEILLY, MOORE, and CHRISTIE, JJ.

McNEILLY, Justice:

The question of law presented to us upon certification by the Superior Court arises from a product liability action brought by plaintiffs, Noland and Elsie R. Waters, against defendants, Klockner-Humboldt-Deutz AG (KHD) and Deutz Corporation (Deutz). As stated in the Order of this Court accepting certification dated June 30, 1983, the question of law is in essence a two-part question:

(a) Whether 10 Del.C. § 3104(c) is to be...

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