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MERNER v. DEERE & CO.

Nos. 01-CV-492, 01-CV-493.

176 F.Supp.2d 882 (2001)

R. William MERNER and Shirley Merner, Plaintiffs, and Hawkeye Valley Area Agency on Aging and Allmerica Financial Life Insurance and Annuity Company, Involuntary Plaintiffs, v. DEERE & COMPANY and ABC Insurance Company, Defendants. Rose M. Bahl and Betty B. Lipman, as Executor of the Estate of Leroy J. Bahl, deceased, Plaintiffs, and Tommy Thompson, Secretary of Department of Health & Human Services, Involuntary Plaintiff, v. Deere & Company and ABC Insurance Company, Defendants.

United States District Court, E.D. Wisconsin.

December 18, 2001.

Attorney(s) appearing for the Case

Lynn R. Laufenberg, Laufenberg Law Offices, Milwaukee, WI, for R. William Merner and Shirley Merner, Rose M. Bahl, and Betty B. Lipman.

Jeffrey T. Nichols, Crivello, Carlson, Mentkowski & Steeves, Milwaukee, WI, for Allmerica Financial Life Insurance and Annuity Company.

Matthew V. Richmond, United States Department of Justice, Office of the U.S. Attorney, Milwaukee, WI, for Health and Human Services Secretary.

Daniel J. LaFave, Quarles & Brady, Milwaukee, WI, Michael L. Zaleski, Quarles & Brady, Madison, WI, for Deere & Company.

DECISION AND ORDER

RANDA, District Judge.

This consolidated products liability suit, removed from Dodge County Circuit Court, now comes before the Court on Deere & Company's ("Deere") motion for summary judgment. For the reasons stated below, Deere's motion is granted.

BACKGROUND

On June 16, 1999, a fire broke out at Mr. and Mrs. R. William Merner's Cedar Rapids, Iowa home. Mr. Merner...

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