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DRAKE v. LOCHINVAR WATER HEATER, INC.

No. 3-83 Civ 663.

618 F.Supp. 549 (1985)

Vicki Lynn DRAKE and Mark Drake, husband and wife; Marcella Hills and Harvey Hills, husband and wife, Plaintiffs, v. LOCHINVAR WATER HEATER, INC., a Michigan corporation, formerly known as Wagoner Corporation; and Honeywell, Inc., a Delaware corporation, Defendants. HONEYWELL, INC., Third-Party Plaintiff, v. WAGONER WATER HEATER CO., INC., Third-Party Defendant.

United States District Court, D. Minnesota, Third Division.

On Motion To Amend April 26, 1985.

Attorney(s) appearing for the Case

Stanley E. Karon & Associates, P.A. by Stanley E. Karon, St. Paul, Minn., for plaintiffs.

Faegre & Benson by George W. Flynn, Scott P. Drawe and Scott Johnson, Minneapolis, Minn., for defendant and third-party plaintiff Honeywell, Inc.

MEMORANDUM ORDER

ALSOP, Chief Judge.

This matter comes before the court upon defendant Honeywell, Inc.'s (Honeywell) motion to dismiss count 5 of the complaint for failure to state a claim upon which relief can be granted pursuant to Fed.R. Civ.P. 12(b)(6). In count 5, plaintiffs allege that Honeywell failed to properly, timely and accurately advise the Consumer Product Safety Commission (Commission) that the Honeywell V5130 gas control valve was defective...

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