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BEARLY v. BRUNSWICK MERCURY MARINE DIV.

No. 39,069-CA.

888 So.2d 309 (2004)

Floyd BEARLY, Plaintiff-Appellant, v. BRUNSWICK MERCURY MARINE DIVISION and Genmar Holdings, Inc., Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

October 27, 2004.

Attorney(s) appearing for the Case

Shuey, Smith, Reynolds, Rios & Hiller, L.L.C. by Richard E. Hiller, Shreveport, for Appellant.

Kean, Miller, Hawthorne, D'Armond, McCown & Jarman, L.L.P. by Charles L. Patin, Jr., Maxwell Gantt Kees, Sr., Baton Rouge, for Appellees, Genmar Holdings and Wood Manufacturing Co. d/b/a Ranger Boats.

Mayer, Smith & Roberts, L.L.C. by John C. Turnage, Shreveport, for Appellees, Brunswick Mercury Marine.

Before BROWN, CARAWAY and DREW, JJ.

CARAWAY, J.

Plaintiff seeks return of the purchase price of a boat and motor from the wholesaler of the boat and motor. Plaintiff alleged that the defendant manufacturer outfitted its product with another manufacturer's motor which was incompatible for use with the boat. Plaintiff alleged that the defendant knew of the motor's incompatibility at the time of its assembly with the boat, but that it marketed the boat wholesale to plaintiff's marine dealer despite the...

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