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BENNETT v. J.C. PENNEY

No. K83-388 CA.

603 F.Supp. 1186 (1985)

Barbara Ann BENNETT, et al., Plaintiffs, v. J.C. PENNEY, et al., Defendants.

United States District Court, W.D. Michigan, S.D.

March 6, 1985.

Attorney(s) appearing for the Case

Ronald R. Gilbert, Detroit, Mich., for plaintiffs.

Anthony A. Derezinski, Cholette, Perkins & Buchanan, Grand Rapids, Mich., for National Spa & Pool Institute.

George W. Steel, Harvey, Kruse, Western & Milan, Detroit, Mich., for J.C. Penney & Coleco.

OPINION

BENJAMIN F. GIBSON, District Judge.

Plaintiffs in this suit seek to recover for deaths and injuries which occurred in outdoor, above-ground swimming pools. Plaintiffs have advanced claims under state tort law and under the federal Consumer Products Safety Act, 15 U.S.C. § 2051 et seq.

The National Spa and Pool Institute (NSPI) has filed a motion to quash service of process and to dismiss, alleging a lack of personal jurisdiction...

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