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CARLISLE v. DEERE & CO.

No. 08-2502.

576 F.3d 649 (2009)

Steve CARLISLE, John Buszkiewicz, and Team Excavating, Inc., individually and d/b/a Klear Kut Excavating, and d/b/a Klear Kut Excavating, Inc., Plaintiffs-Appellants, v. DEERE & COMPANY, d/b/a Deere Power Systems Group, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 7, 2009.

Attorney(s) appearing for the Case

Thomas R. Hamilton (argued), Hunt, Suedhoff & Kalamaros, South Bend, IN, for Plaintiffs-Appellants.

James L. Petersen (argued), Brian J. Paul, Ice Miller, Indianapolis, IN, for Defendant-Appellee.

Before KANNE and EVANS, Circuit Judges, and DOW, District Judge.

KANNE, Circuit Judge.

The Beast, manufactured by Bandit Industries, Inc., is a commercial-grade tree grinder that weighs approximately 60,000 pounds and is the size of a semi-trailer. The Beast feeds on logs up to thirty-six inches in diameter, reducing them to mulch at a rate of up to one acre's clearance per day. In 2002, the plaintiffs, Steve Carlisle and John Buszkiewicz, purchased a Beast, equipped with a 12.5-liter...

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