DAVIS v. McCOURT

No. 98-2188.

226 F.3d 506 (2000)

Belva DAVIS, Individually and as Personal Representative of the Estate of Daniel R. Green, Deceased, Plaintiff-Appellant, v. William Joseph McCOURT, Defendant, Interstate Arms, Incorporated, Defendant/Third-Party Plaintiff-Appellee, China North Industries Corporation (NORINCO), Third-Party Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 31, 2000


Attorney(s) appearing for the Case

James D. Hubbert (argued), Brian J. Benner (briefed), Benner & Bilicki, Farmington Hills, Michigan, for Plaintiff-Appellant.

William E. Clark (argued and briefed), Clark & Knight, Southfield, Michigan, for Third party-Appellee Interstate Arms, Inc.

Leonard E. Nagi, Daniel J. Seymour, Paskin, Nagi & Baxter, Detroit, Michigan, Michael H. Selter (argued and briefed), Farkas & Manelli, Washington, D.C., for Third party-Appellee China North Industries Corp. (NORINCO).

Before: SUHRHEINRICH and SILER, Circuit Judges; RUSSELL, District Judge.


OPINION

RUSSELL, District Judge.

Plaintiff-Appellant Belva Davis appeals from the district court's grant of summary judgment in favor of Defendant Interstate Arms Incorporated and Third-Party Defendant China North Industries Corporation (NORINCO). The district court concluded that it had proper jurisdiction under 28 U.S.C. § 1441(d) and granted both Interstate's and NORINCO's motions for summary judgment finding that guns are simple tools and that the...

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