RICHARD O'BRIEN COMPANIES v. CHALLENGE-COOK BROS.

Civ. A. No. 86-K-1828.

672 F.Supp. 466 (1987)

RICHARD O'BRIEN COMPANIES, f/d/b/a Richard O'Brien Equipment Sales, Inc., and Du-All, Inc. a Colorado corporation; the Concrete Pumping Company, a Colorado corporation; Capital Equipment Company, a Texas corporation; and Capital Rentals Inc., a Texas corporation, Plaintiffs, v. CHALLENGE-COOK BROS., INCORPORATED, a California corporation, Defendant.

United States District Court, D. Colorado.

October 26, 1987.


Attorney(s) appearing for the Case

Mark D. Gruskin and Jeanne M. Cochran, Swartz & Gruskin, Denver, Colo., for plaintiffs.

Michael E. Oldham, Johnson, Oldham, Sullivan & Angell, Denver, Colo., for defendant.


MEMORANDUM OPINION AND ORDER

KANE, District Judge.

This is a diversity based products liability suit. It comes before me on defendant's motion for summary judgment.

Plaintiffs are involved in the purchase and provision of pumping services to the construction industry. Defendant manufactures and markets a concrete pump known as the `Titan 3900'. In April, 1978, first plaintiff entered into a series of dealership agreements with defendant to sell the...

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