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HomeMy WebLinkAbout0866 • 1 i • Plaintiffs' Fourth Amended Complaint makes numerous allegations that PLASTIC INDUSTRIES, INC. was a foreign corporation doing business in the State of Florida through the sale of the products in the State of Florida, that they manufactured, designed, and distributed the plastic base which they knew or should have known would be placed in the ordinary ~ stream of commerce and sent to various states throughout the country ~ including the State of Florida, that PLASTIC INDUSTRIES, INC. antici- pated that said product would reach the State of Florida through whole- Balers and distributors of MURPHY MILLER, INC., and that PLASTIC INDUSTRIES, INC. had sold merchandise directly to customers located in the State of Florida, which include such items as furniture legs, chair side arms, and mattress corner guards, and that said direct business in the State of Florida for the last two years has been in excess of Forty Thousand ($40,000.00) Dollars per year. There is also presented for consideration in the file of this case the deposition of HOWARD BOWMAN, Comptroller of MURPHY MILLER, INC., from 1964 until 1977, two sets of answers to Interrogatories propounded to PLASTIC INDUSTRIES, INC. by the Plaintiffs with specific jurisdictional questions, answers to Interrogatories propounded to Co-Defendants by Plaintiffs, two Affidavits filed by PLASTIC IWUSTRIES, INC. in opposition to juris- diction, and Request for Admissions filed by the Plaintiffs and one of the Co-defendants to PLASTIC INDUS~'RIES, I:JC. In addition there have been comprehensive Memoranda of Law filed by the Plaintiffs, the Defendant , MURPHY 24ILLER, IIiC. From the various hearings, pleadingd, depositions, and admissions of counsel, it was agreed that the Plaintiff was receiving workmen's compensation from her employer, Citizens Federal Savings and Loan Association. Upon consideration of the entire file, extensive argument of counsel, the Court makes the following findings of fact, to-wit: 1. That PLASTIC INDUSTRIES, I2~C. , a Tennessee _ corporation, manufactured plastic bases, which were assembled onto a chair by 23URPHY MILLER, ; INC., a Kentucky corporation. The relationship between PLASTIC INDUSTRIES, IP1C. and MURPHY MILLER, INC. was a contractual relationship, said contract entered into outside of the State of Florida, which began in 1969, in which PLASTIC INDUSTRIES, INC. was to manufacture and to supply plastic bases which were affixed onto MURPHY MILLER, INC.'S secretarial chairs. -3- , 3 pQ 3o y~. g~,p t?* L