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MARTIN v. FACTORY MUTUAL RESEARCH CORP.

401 Mass. 621 (1988)

518 N.E.2d 846

EDWARD J. MARTIN & others vs. FACTORY MUTUAL RESEARCH CORPORATION.

Supreme Judicial Court of Massachusetts, Norfolk.

February 4, 1988.

Attorney(s) appearing for the Case

Richard D. Bickelman for the plaintiffs.

Wm. Gerald McElroy, Jr., for the defendant.

Present: HENNESSEY, C.J., WILKINS, ABRAMS, NOLAN, & O'CONNOR, JJ.

WILKINS, J.

The plaintiffs hold several patents on a design for a portable, hand-pumped, dry chemical fire extinguisher. The fire extinguisher is made of plastic and is operated by a built-in bellows rather than being pressurized. To be marketed successfully such a product must have the approval of a recognized independent testing organization such as the defendant (Factory Mutual). The plaintiffs contend, on several theories, that Factory Mutual is liable to them...

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