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HEIMBROCK CO. v. MARINE SALES & SERVICE

No. 88-CA-0350-MR.

766 S.W.2d 70 (1989)

EDWARD F. HEIMBROCK CO., INC., Appellant, v. MARINE SALES AND SERVICE, INC., Appellee.

Court of Appeals of Kentucky.

March 3, 1989.

Attorney(s) appearing for the Case

Timothy J. Boone, Dennis J. Morrison, Sellman & Boone, Columbus, Ohio, Richard M. Breen, Hargadon, Lenihan, Harbolt & Breen, Louisville, for appellant.

Harry K. Herren, Christiana R.L. Norris, Grace M. Geisel, Woodward, Hobson & Fulton, Louisville, for appellee.

Before HOWARD, LESTER and MILLER, JJ.

MILLER, Judge.

This is an appeal from an Order of the Jefferson Circuit Court dismissing appellant's action for failure to state a claim. Kentucky Rules of Civil Procedure (CR) 12.02(f).

The facts are these: Gary T. Hubbuch was injured on the slopes of Paoli Peaks, Indiana, while snow-skiing February 3, 1985. Gary and his wife filed suit against the appellee, Marine Sales & Service, Inc. (Marine Sales), for injuries suffered, directly and derivatively...

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