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FLOYD COUNTY MUTUAL INS. v. CNH INDUSTRIAL AMERICA

No. 21-1075.

18 F.4th 1024 (2021)

FLOYD COUNTY MUTUAL INSURANCE ASSOCIATION, as subrogee ON BEHALF OF Clark R. MCGREGOR, on behalf of Ronald R. McGregor Revocable Trust on behalf of McGregor Farms, Inc., Plaintiff-Appellant v. CNH INDUSTRIAL AMERICA LLC, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: December 1, 2021.

Attorney(s) appearing for the Case

Michelle Donna Hurley , David J. Taylor , Yost & Baill, Minneapolis, MN, for Plaintiff-Appellant.

Maureen A. Bickley , Matthew C. Blickensderfer , Frost & Brown, Cincinnati, OH, Haley Ann Johnston , Frost & Brown, Indianapolis, IN, Gregory M. Lederer , Lederer & Weston, Cedar Rapids, IA, for Defendant-Appellee.

Before SMITH, Chief Judge, GRUENDER and STRAS, Circuit Judges.

On September 30, 2017, a tractor manufactured by CNH Industrial America LLC caught fire. Floyd County Mutual Insurance Association sued CNH in federal court under a theory of product liability, claiming that its insureds owned the tractor and other property on the tractor, both of which were damaged in the fire, and that...

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