Dayton v. Peck, Stow and Wilcox Co. (PEXTO)

739 F.2d 690 (Cite as: 739 F.2d 690)

United States Court of Appeals, First Circuit.

David DAYTON, Plaintiff, Appellant,

v.

PECK, STOW AND WILCOX CO. (PEXTO), et al., Defendants, Appellees.

No. 83-1415.

Argued June 4, 1984.

Decided July 30, 1984.

Operator of metal shearing machine brought products liability action alleging that defendant corporations were liable as successors of corporation which had manufactured the machine. The United States District Court for the District of Massachusetts, Walter Jay Skinner, J., granted summary judgment motions for two corporations, and plaintiff appealed. The Court of Appeals, Bownes, Circuit Judge, held that purchase of manufacturing company's assets for cash did not constitute a "merger" or a "mere continuation" of the manufacturing company, and thus, neither the purchasing company, nor company which subsequently acquired the purchasing company as a subsidiary, were liable for plaintiff's injury.

Affirmed.

Cynthia J. Cohen, Boston, Mass., with whom John W. Brister, Andre A. Sansoucy, Parker, Coulter, Daley & White, and Philander S. Ratzkoff, Boston, Mass., were on brief, for defendants, appellees.

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