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LOOS v. FARMERS TRACTOR AND IMPLEMENT CO., INC.

No. IP 88-1222-C.

738 F.Supp. 323 (1990)

Marshall A. LOOS and Betty Joan Loos, Plaintiffs, v. FARMER'S TRACTOR AND IMPLEMENT COMPANY, INC., and John Deere Company, Defendants.

United States District Court, S.D. Indiana, Indianapolis Division.

May 25, 1990.

Attorney(s) appearing for the Case

Walter I. Rubin, Cincinnati, Ohio, Donald W. Ward, Feeney and Ward, Indianapolis, Ind., for plaintiffs.

William C. Moore, Steckbeck & Moore, Indianapolis, Ind., for defendant Farmer's Tractor.

Donald M. Snemis, Ice Miller Donatio & Ryan, Indianapolis, Ind., for defendant John Deere Co.

ENTRY ON CHOICE OF LAW ISSUE

McKINNEY, District Judge.

This cause is before the Court on a choice of law issue. At the Court's request, the parties filed additional briefs on this issue in light of two opinions handed down recently by the Indiana Supreme Court discussing the open and obvious danger rule. For the reasons set forth herein, the Court finds Indiana law should be applied in this cause.

I. FACTUAL BACKGROUND

This diversity action...

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