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HILL v. A.O. SMITH CORP.

No. 85-5902.

801 F.2d 217 (1986)

David HILL, Connie Hill, Wayne Hill, Agnes Hill, Leonard Hill and Hazel Hill, Plaintiffs-Appellants, v. A.O. SMITH CORPORATION, A.O. Smith Harvestore Products, Inc., and Agristor Credit Corporation, Defendants-Appellees, and Agristor Credit Corporation, Counter-Plaintiff.

United States Court of Appeals, Sixth Circuit.

Decided September 15, 1986.

Attorney(s) appearing for the Case

John K. Maddin, Jr., Gracey, Maddin, Cowan and Bird, Nashville, Tenn., Malcolm L. McCune, Wade Cowan (argued), for plaintiffs-appellants.

John E. Brandon, Watkins, McGugin, McNeily & Rowan, Nashville, Tenn., William D. Leader, Jr., for A.O. Smith.

Arnold A. Stulce, Jr. (argued), Joe E. Manuel (argued), Leitner, Warner, Moffitt, Williams, Dooley, Carpenter & Napolitan, Chattanooga, Tenn., for defendants-appellees.

Before MARTIN and JONES, Circuit Judges, and COHN, District Court Judge.

NATHANIEL R. JONES, Circuit Judge.

Plaintiffs appeal from a summary judgment dismissing the three defendants from this diversity action seeking damages and injunctive relief for an alleged defect in certain farm structures purchased from the defendants. The district court dismissed the defendants because of various general releases signed by the plaintiffs waiving all rights to future claims arising from the purchase of the structures. Three issues are raised on appeal...

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