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MILLER'S BOTTLED GAS, INC. v. BORG-WARNER CORP.

No. 90-5886.

955 F.2d 1043 (1992)

MILLER'S BOTTLED GAS, INC., Plaintiff-Appellant, v. BORG-WARNER CORPORATION, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided February 3, 1992.

Rehearing Denied March 3, 1992.

Attorney(s) appearing for the Case

John R. Bush, argued, briefed, Bush, Ross, Gardner, Warren & Rudy, Tampa, Fla., Karl N. Crandall, Bowling Green, Ky., Frank Miller, Jr., Louisville, Ky., for plaintiff-appellant.

Philip I. Huddleston, Huddleston Bros., Bowling Green, Ky., Hugh N. Smith, briefed, David S. Nelson, argued, Smith & Fuller, Tampa, Fla., for defendant-appellee.

Before RYAN and SUHRHEINRICH, Circuit Judges; and ZATKOFF, District Judge.

RYAN, Circuit Judge.

Plaintiff, Miller's Bottled Gas, Inc. (Miller's), purchased allegedly defective carburetors from defendant Borg-Warner Corporation. Miller's appeals both the district court's summary judgment for Borg-Warner rejecting Miller's negligence-based product-liability claim, and the court's directed verdict for Borg-Warner dismissing Miller's fraud and negligent misrepresentation claims.

With respect to the product-liability claim based upon...

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