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HENRY v. RAYNOR MFG. CO.

No. 3-90 CIV 226.

753 F.Supp. 278 (1990)

George D. HENRY, Individually and as Trustee for the Heirs and Next-of-Kin of Abigael J. Henry, Deceased, Plaintiff, v. RAYNOR MANUFACTURING COMPANY, d/b/a Raynor Garage Doors, an Illinois Corporation, The Edwards Power Door Company and its Corporate Parents and Successors, Celotex Corporation, a Delaware Corporation, Jim Walter Corporation, a Florida Corporation, Wayne-Dalton Corporation, an Ohio Corporation, Pioneer Overhead Door, Inc., a Nebraska Corporation, and Edward Power Door, Inc., a Nebraska Corporation, Defendants.

United States District Court, D. Minnesota, Third Division.

November 21, 1990.

Attorney(s) appearing for the Case

Robins, Kaplan, Miller & Ciresi by Leo F. Feeney and Vincent J. Moccio, St. Paul, Minn., for plaintiff.

Rider, Bennett, Egan & Arundel by Richard H. Krochock and Deborah C. Ecklund, Minneapolis, Minn., for defendant Raynor Mfg. Co.

Murnane, Conlin, White, Brandt & Hoffman by Hal A. Shillingstad, St. Paul, Minn., for defendants Jim Walter Corp. and Wayne-Dalton Corp.

ORDER

ALSOP, Chief Judge.

The above entitled matter came before the court on defendant Raynor Manufacturing Company's, Jim Walter Corporation's, and Wayne-Dalton Corporation's motions for summary judgment on November 9, 1990, pursuant to Federal Rule of Civil Procedure 56(b).

I. STANDARD OF REVIEW

The Supreme Court has held that summary judgment is to be used as a tool to isolate and dispose of claims or defenses which are either...

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