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AMERICAN GENERAL FIRE & CAS. v. WAL-MART STORES, INC.

Civ. No. 91-2222.

791 F.Supp. 763 (1992)

AMERICAN GENERAL FIRE & CASUALTY, a subsidiary of American General Corporation, Plaintiff, v. WAL-MART STORES, INC., d/b/a "Sam's Wholesale Club" and Black & Decker (U.S.) Inc., Defendants.

United States District Court, W.D. Arkansas, Fort Smith Division.

April 10, 1992.

Attorney(s) appearing for the Case

Paul D. Capps, Bailey, Trimble, Capps, Lowe, Sellars & Thomas, Little Rock, Ark., Steven H. Beadles, Knox Law Firm, Dallas, Tex., for plaintiff.

O. Ben Core, Daily, West, Core, Coffman & Canfield, Robert E. Hornberger, Shaw Ledbetter, Hornberger, Cogbill & Arnold, Fort Smith, Ark., for defendants.

MEMORANDUM OPINION

H. FRANKLIN WATERS, Chief Judge.

This action is before the court on a motion to dismiss or for change of venue and for summary judgment filed on behalf of the defendants, Wal-Mart Stores, Inc., d/b/a "Sam's Wholesale Club" and Black & Decker (U.S.) Inc.

Plaintiff American General Fire & Casualty filed its complaint in this court on October 24, 1991. The complaint alleges that sometime prior to December 4, 1988

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