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United States Sixth Circuit


SWIX v. DAISY MFG CO., 02-2154

Court reversed defendant's motion to dismiss because the questions of whether a BB gun was defectively designed as to be unreasonably dangerous and whether is danger was open and obvious were inappropriate for summary judgment.

Appellate Information

  • Decided 06/23/2004
  • Published 06/23/2004

Judges

  • Before:  MARTIN, CLAY, and CUDAHY, Circuit Judges.

Court

  • United States Sixth Circuit

Counsel

  • For Appellant:
  • Clark Shanahan (argued and briefed), Shanahan & Hoy, Owosso, MI, for Plaintiffs-Appellants.

  • For Appellees:
  • Jack O. Kalmink (argued and briefed), Paul C. Smith (briefed), Clark Hill PLC, Detroit, MI, for Defendant-Appellee.
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