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PERTEE v. GOODYEAR TIRE AND RUBBER CO.

Civ. A. No. 6:93-0307.

861 F.Supp. 523 (1994)

Willis R. PERTEE and Rebecca A. Pertee, Plaintiffs v. The GOODYEAR TIRE AND RUBBER COMPANY, Defendant & Third-Party Plaintiff v. DOVER ELEVATOR COMPANY, Third-Party Defendant.

United States District Court, S.D. West Virginia, Parkersburg Division.

July 21, 1994.

Attorney(s) appearing for the Case

Robert Losey, Huntington, WV, for plaintiffs.

Jeffrey Phillips and Steven McGowan, Steptoe & Johnson, Charleston, WV, for Goodyear.

David Mohler, Campbell, Woods, Bagley, Emerson, McNeer & Herndon, Charleston, WV, for Dover.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending are cross motions for summary judgment filed by Goodyear Tire & Rubber Company ("Goodyear") and Dover Elevator Company ("Dover"). For reasons discussed below the Court GRANTS Goodyear's motion and DENIES Dover's motion.

Under Rule 56(c) of the Federal Rules of Civil Procedure, summary judgment is proper only:

"[I]f the...

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