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DALEY v. TWIN DISC, INC.

Civil Action No. 05-10720-RWZ.

440 F.Supp.2d 48 (2006)

Wayne DALEY, et al. v. TWIN DISC, INC., et al.

United States District Court, D. Massachusetts.

July 31, 2006.

Attorney(s) appearing for the Case

Joseph P. Crimmins, Posternak, Jennifer L. Finger, Blankstein & Lund LLP, Boston, MA, for Wayne Daley, Nadine Daley, MDL Fishing LLC.

Richard J. Shea, Megan E. Kures, Melick, Porter & Shea, LLP, Peter G. Hermes, Randy J. Spencer, Hermes, Netburn, O'Connor & Spearing, Howard M. Brown, Bartlett Hackett Feinberg P.C., Boston, MA, Michael Weisz, Segredo & Weisz, Miami, FL, Francis J. Lynch, III, J. Gary Bennett, Lynch & Lynch, South Easton, MA, for Twin Disc, Inc., Mann Engines and Components, Inc., Ocean Yachts, Inc., Performance Diesel, Inc.

MEMORANDUM OF DECISION

ZOBEL, District Judge.

In July 1999, plaintiffs Wayne Daley and Nadine Daley ("the Daleys") purchased a yacht made by defendant Ocean Yachts, Inc. ("Ocean") and equipped the yacht with diesel engines made by defendant MAN Engines and Components, Inc. ("MAN").1 Within approximately one year, the Daleys began experiencing problems with the yacht, including black smoke and soot in

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