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Wilkinson v. Huffy Corp.

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


August 11, 2009

BRYAN WILKINSON, ET AL., PLAINTIFFS
v.
HUFFY CORPORATION, ET AL., DEFENDANTS

The opinion of the court was delivered by: Anita B. Brody, J.

ORDER

AND NOW, this __11th ______ day of August 2009, it is ORDERED that

! All claims against Gerry Baby Products and Gerry Wood Products are DISMISSED.

! Defendant Huffy Corporation's 12(b)(6) Motion to Dismiss Count VI (Breach of Contract) of Plaintiffs' Complaint (Doc. #11) is GRANTED.

! Motion to Dismiss Plaintiffs' Complaint Pursuant to Fed. R. Civ. Pro. 12(b)(6) by Defendant Evenflo Company, Inc. (Doc. #5), is GRANTED in part and DENIED in part:

" the motion is GRANTED as to the claims of negligence (Count II), breach of express warranty (Count III), breach of implied warranty (Count IV), failure to warn (Count V), and breach of contract (Count VI)

" the motion is DENIED as to the claim of strict liability (Count I).

20090811

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