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EBERTS v. KAWASAKI MOTORS CORP., U.S.A.

Civil No. A1-02-43.

306 F.Supp.2d 890 (2004)

Paul EBERTS, Plaintiff, v. KAWASAKI MOTORS CORP., U.S.A.; Kawasaki Motors Manufacturing Corp., U.S.A.; and Kawasaki Heavy Industries, Ltd., Defendants.

United States District Court, D. North Dakota, Southwestern Division.

March 2, 2004.

Attorney(s) appearing for the Case

Paul F. Ebeltoft, Jr., Mackoff, Kellogg, Kirby & Kloster PC, Dickinson, ND, Raymond F. Thomas, Swanson Thomas & Coon, William A. Gaylord, Gaylord Eyerman Bradley PC, Portland, OR, for plaintiff.

Larry L. Boschee, Pearce & Durick, Bismarck, ND, Robert K. Miller, Bowman and Brook LLP, Torrance, CA, for defendant.

William Anton Herauf, Reichert & Herauf PC, Dickinson, ND, John W. Burke, Barker, Wilson, Reynolds & Burke Belle Fourche, SD, for intervenor-plaintiff.

MEMORANDUM AND ORDER DENYING MOTION FOR PARTIAL SUMMARY JUDGMENT TO DISMISS PLAINTIFF'S WARNINGS CLAIM

WEBB, District Judge.

Before the Court is the defendants' Motion for Partial Summary Judgment to Dismiss Plaintiff's Warnings Claim (doc. # 86). The defendants argue the plaintiff's state law warnings claim is preempted by federal law. The defendants further argue that the record shows compliance with federal law, thus the Court must grant partial summary...

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