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AVERY v. MAPCO GAS PRODUCTS, INC.

Nos. 92-1094, 92-3418 and 92-3462.

18 F.3d 448 (1994)

Ivan AVERY, Mary Avery, and Joseph Swango, by his next friend, Mary Avery, Plaintiffs, v. MAPCO GAS PRODUCTS, INCORPORATED, doing business as Thermo Gas Company of New Paris, Defendant-Appellant, v. HONEYWELL, INCORPORATED, Defendant-Appellee. Ivan AVERY, Mary Avery, and Joseph Swango, by his next friend, Mary Avery, Plaintiffs-Appellants, v. MAPCO GAS PRODUCTS, INCORPORATED, doing business as Thermo Gas Company of New Paris, Defendant, and Honeywell, Incorporated, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided March 8, 1994.

Attorney(s) appearing for the Case

Howard Grimm, Jr., John M. Haecker (argued), Fort Wayne, IN, Kurt B. Grimm, Auburn, IN, for Ivan Avery, Mary Avery and Joseph Swango in No. 92-1094.

Branch R. Lew, Hunt, Suedhoff, Borror & Eilbacher, Fort Wayne, IN, Robert Kohorst (argued), Harlan, IA, for Mapco Gas Products, Inc. dba Thermo Gas Co. of New Paris.

Thomas R. Lemon, Kirk Weikart, Warsaw, IN, George W. Flynn (argued in No. 92-3462), Jeannine L. Lee, Cosgrove, Flynn, Gaskins & O'Connor, Minneapolis, MN, for Honeywell, Inc. in Nos. 92-1094 and 92-3462.

John M. Haecker (argued), Fort Wayne, IN, Kurt B. Grimm, Auburn, IN, for Ivan Avery, Mary Avery and Joseph Swango in Nos. 92-3418 and 92-3462.

George W. Flynn (argued), Jeannine L. Lee, Cosgrove, Flynn, Gaskins & O'Connor, Minneapolis, MN, for Honeywell, Inc. in No. 92-3418.

Before EASTERBROOK and ROVNER, Circuit Judges, and WILLIAMS, District Judge.

ILANA DIAMOND ROVNER, Circuit Judge.

The explosion of a furnace gave rise to this personal injury suit against Mapco Gas Products, Incorporated ("Mapco") and Honeywell, Incorporated ("Honeywell"). Honeywell, which manufactured a valve that allegedly triggered the explosion, moved for summary judgment on the plaintiffs' product liability claims and on Mapco's cross-claims for contribution and indemnity. The district court granted the motion, and the plaintiffs subsequently...

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