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ESTES v. MIDWEST PRODUCTS, INC.

No. CIV. A. 5:98-0239.

24 F.Supp.2d 621 (1998)

Michael ESTES, Plaintiff, v. MIDWEST PRODUCTS, INC., Defendant.

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

November 4, 1998.

Attorney(s) appearing for the Case

John D. Wooton, Beckley, WV, for Plaintiff.

Scott A. Damron, Huntington, WV, for Defendant.

MEMORANDUM OPINION AND ORDER

GOODWIN, District Judge.

The parties are in agreement as to the essential facts. A West Virginia resident and citizen, Michael Estes, purchased from a West Virginia Kmart or Wal-Mart an air tank manufactured by Midwest Products, Inc. (Midwest) in Missouri. Shortly thereafter, as a service station attendant attempted to fill it, the tank apparently exploded, seriously injuring Mr. Estes. On March 18, 1998, Mr. Estes filed this...

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