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BARBER v. PEPSI-COLA PERSONNEL, INC.

No. 1:98-CV-443.

78 F.Supp.2d 683 (1999)

Kenneth BARBER and Brenda Barber, Plaintiffs, v. PEPSI-COLA PERSONNEL, INC., a foreign corporation, and Pepsi-Cola Company, jointly and severally, Defendants.

United States District Court, W.D. Michigan, Southern Division.

July 8, 1999.

Attorney(s) appearing for the Case

Wayne Allen Harrison, Harrison & Scott, PC, Lansing, MI, for Kenneth Barber, Brenda Barber, plaintiffs.

Jeffery M. Peterson, Kienbaum, Opperwall, Hardy & Pelton, PLC, Birmingham, MI, for Pepsi-Cola Personnel, Inc., defendants.

OPINION AND ORDER ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

MILES, Senior District Judge.

Plaintiffs Kenneth Barber and Brenda Barber filed this action in a Michigan court against defendants Pepsi-Cola Personnel, Inc. and the Pepsi-Cola Company (collectively "Pepsi" unless otherwise noted). Kenneth Barber alleges he sustained a shoulder injury which has rendered him permanently unable to lift or work above shoulder level with his right arm. He contends...

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