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MOZINGO v. CORRECT MFG. CORP.

No. 84-4059.

752 F.2d 168 (1985)

Elbie MOZINGO, Plaintiff-Appellant, Cross-Appellee, v. CORRECT MANUFACTURING CORPORATION and G.W. Way, Defendants-Appellees, Correct Manufacturing Corporation, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

February 7, 1985.

Attorney(s) appearing for the Case

Smith, Smith, Tate, Stuart & Cruthird, David R. Smith, Richard C. Fitzpatrick, Poplarville, Miss., for plaintiff-appellant, cross-appellee.

Easterling & Varnado, Carey R. Varnado, Hattiesburg, Miss., for defendants-appellees.

Before GOLDBERG, JOHNSON and DAVIS, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

On July 19, 1977, Elbie Mozingo was testing the operation of a Skyworker brand "cherrypicker" (a device similar to a crane with a bucket on the end of the boom), after completing repairs on it at a shop in Laurel, Mississippi. When Mozingo, who was in the bucket, moved the bucket on the Skyworker rapidly about, the boom on the unit suddenly collapsed, precipitating the bucket and Mozingo to the ground and seriously injuring Mozingo...

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