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DUFFEE BY AND THROUGH THORNTON v. MURRAY OHIO MFG.

No. 94-4022-SAC.

866 F.Supp. 1321 (1994)

Shane DUFFEE, minor, By and Through guardian and next friend, Rose THORNTON, Plaintiff, v. MURRAY OHIO MANUFACTURING CO.; Walmart Stores, Inc.; and Shimano American Inc., Defendants.

United States District Court, D. Kansas.

October 25, 1994.

Attorney(s) appearing for the Case

Donald Patterson, Fisher, Patterson, Sayler & Smith, Topeka, KS, for Murray Ohio Mfg. Co., Walmart Stores Inc.

David E. Larson, Melody L. Nashan, Watson & Marshall, L.C., Kansas City, MO, for Shimano American Inc.

Lori L. Yockers, Barnett, Yockers & Renner, P.A., Wakarusa, KS, for Daniel Beser.

MEMORANDUM AND ORDER

CROW, District Judge.

The defendants Murray Ohio Manufacturing Co. ("Murray") and Walmart Stores, Inc. ("Walmart") filed a motion to dismiss the plaintiff's claim for breach of implied warranty of fitness for particular purpose. (Dk. 41). The plaintiff, Shane Duffee, alleges he was riding his bicycle on February 22, 1992, when his brakes failed causing him to collide with a car driven by the defendant Daniel Beser. Shane suffered serious...

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