GASS v. MARRIOTT HOTEL SERVICES, INC.

No. 07-1733.

558 F.3d 419 (2009)

Elizabeth A. GASS, Deborah DeJonge, Plaintiffs-Appellants, v. MARRIOTT HOTEL SERVICES, INC., Ecolab, Inc., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 3, 2009.


Attorney(s) appearing for the Case

ARGUED: Peter D. Bosch, Strain, Murphy & Vanderwal, Grand Rapids, Michigan, for Appellants. Richard G. Morgan, Bowman & Brooke, Minneapolis, Minnesota, for Appellees. ON BRIEF: Peter D. Bosch, Joseph P. VanderVeen, Strain, Murphy & Vanderwal, Grand Rapids, Michigan, for Appellants. Ronald C. Wernette Jr., Bowman & Brooke, Troy, Michigan, for Appellees.

CLAY, J., delivered the opinion of the court, in which MOORE, J., joined. BOGGS, C.J. (pp. ___-___), delivered a separate dissenting opinion.


OPINION

CLAY, Circuit Judge.

Plaintiffs, Elizabeth A. Gass and Deborah DeJonge, appeal the district court's grant of summary judgment to Defendants, Ecolab, Inc. ("Ecolab") and Marriott Hotel Services, Inc. ("Marriott"). Plaintiffs sued Defendants under Michigan law, claiming that they were poisoned by pesticides during their stay at a Marriott hotel in Maui, Hawaii. Plaintiffs allege that employees of Ecolab, which...

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