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PADILLAS v. STORK-GAMCO, INC.

No. 97-1853.

186 F.3d 412 (1999)

Daniel G. PADILLAS, Appellant v. STORK-GAMCO, INC.

United States Court of Appeals, Third Circuit.

Decided August 2, 1999.

Rehearing and Rehearing Denied August 31, 1999.

Attorney(s) appearing for the Case

Robert B. White, Jr. (argued), Law Offices of Robert B. White, Jr., Philadelphia, PA, for Daniel G. Padillas, Appellant.

Edmund J. Siegert (argued), Cremer, Kopon, Shaughnessy & Spina, Chicago, IL, John T. Donovan, Rawle & Henderson, Philadelphia, PA, for Stork-Gamco, Inc., Appellee.

Before: SCIRICA and McKEE, Circuit Judges, and SCHWARZER, District Judge.

Rehearing and Rehearing En Banc Denied August 31, 1999.*

OPINION OF THE COURT

SCHWARZER, District Judge:

Daniel Padillas was injured while washing down the blade of a drum and thigh cutter ("DTC" or "the machine") designed, manufactured and sold by Stork-Gamco, Inc. ("Stork") and owned and operated by his employer, Pennfield Farms. The DTC carries chicken carcasses, hanging...

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