ADKINSON v. INTERNATIONAL HARVESTER CO.

No. 91-1955.

975 F.2d 208 (1992)

Michael Lewis ADKINSON, Plaintiff, v. INTERNATIONAL HARVESTER COMPANY, now known as Navistar International, Defendant-Third Party Plaintiff-Appellee, v. HARLO PRODUCTS CORPORATION, Third Party Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 19, 1992.


Attorney(s) appearing for the Case

Michael O. Gwin, James A. Becker, Jr., Watkins & Eager, Jackson, Miss., for Harlo.

Keith Raulston, Heidelburg & Woodliff, Jackson, Miss., Michael M. Noonan, Margaret Diamond, McGlinchey, Stafford, Cellini & Lang, New Orleans, La., for Intern. Harvester Co.

Before HILL, KING, and DAVIS, Circuit Judges.


KING, Circuit Judge:

This diversity case comes to us on certified interlocutory appeal, pursuant to 28 U.S.C. § 1292(b), from an order denying Harlo Products Corporation's motion for summary judgment. In this appeal, we are asked one question: Would the Mississippi Supreme Court supplement the state's commercial code — particularly the provisions dealing with recovery for breach of the implied warranty of merchantability...

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