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TAMURA, INC. v. SANYO ELEC., INC.

No. 85 C 9750.

636 F.Supp. 1065 (1986)

TAMURA, INC., d/b/a Schino's Restaurant, and Audio Mixers Recording Co., Plaintiffs, v. SANYO ELECTRIC, INC. and Sanyo Electric Company Ltd., Defendants.

United States District Court, N.D. Illinois, E.D.

March 17, 1986.

Attorney(s) appearing for the Case

Thomas A. McDonald, David H. Galowich, Clausen, Miller, Gorman, Caffrey & Witous, Chicago, Ill., for plaintiffs.

L. Barrett Bodach, Heineke, Burke & Healy, Chicago, Ill., for defendants.

MEMORANDUM OPINION AND ORDER

ASPEN, District Judge:

This is a four count diversity suit which arises from a fire in plaintiff Tamura Inc.'s restaurant, allegedly caused by a cassette tape deck defendants ("Sanyo") had manufactured. Sanyo has moved to dismiss Counts III and IV, which respectively allege a tort theory of res ipsa loquitur and a contract theory of breach of implied warranty of merchantability. For the reasons that follow, the Court denies...

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