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HUTT v. GIBSON FIBER GLASS PRODUCTS, INC.

No. 89-5731.

914 F.2d 790 (1990)

Joseph D. HUTT, Administrator of the Estate of Kathy Sue Deuser; Jack S. Deuser, Jr.; and Todd Deuser, Co-Administrators of the Estate of Jack S. Deuser, Plaintiffs-Appellants, v. GIBSON FIBER GLASS PRODUCTS, INC., et al., Defendants, Fuhry, Inc., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided September 19, 1990.

Attorney(s) appearing for the Case

F. Thomas Conway, William J. Nold, Eugene L. Mosley (argued), Miller, Mosley, Clare & Townes, Louisville, Ky., for plaintiffs-appellants.

Robert Stopher (argued), Boehl, Stopher, Graves & Deindoerfer, David Johnstone, Alagia, Day, Marshall, Mintmire & Chauvin, Gary Anderson, Rice, Seiller, Cantor, Anderson & Bordy, Louisville, Ky., for defendant-appellee.

Before MERRITT, Chief Judge, and JONES and RYAN, Circuit Judges.

NATHANIEL R. JONES, Circuit Judge.

Plaintiffs-appellants, Joseph D. Hutt, administrator of the estate of decedent Kathy Sue Deuser, Jack S. Deuser and Todd Deuser (collectively referred to as "the Administrators") appeal the district court's grant of summary judgment in favor of defendant Fuhry, Inc. For the following reasons, we affirm in part and reverse in part.

I.

On July 29, 1986, Jack and Kathy Deuser were electrocuted while swimming near the...

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