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WEST v. GOODYEAR TIRE & RUBBER CO.

Docket No. 98-7324

167 F.3d 776 (1999)

Ronald WEST, Deceased and Daphne West, Individually, and as Executrix of the Estate of Ronald West, Deceased, Plaintiffs-Appellants, v. The GOODYEAR TIRE & RUBBER COMPANY and The Budd Company, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided February 12, 1999.

Attorney(s) appearing for the Case

Aaron N. Woods, Risjord & James, Overland Park, KS (Edward J. Lackaye, Jr., of counsel), for Appellants.

Alan D. Kaplan, Gallagher, Gosseen, Faller, Kaplan & Crowley, Garden City, NY, for Appellee The Goodyear Tire & Rubber Company.

Edward M. Kay, Clausen Miller, Chicago, IL, for Appellee The Budd Company.

Before: OAKES, WALKER and McLAUGHLIN, Circuit Judges.

McLAUGHLIN, Circuit Judge:

BACKGROUND

Ronald West owned and operated West Indies Auto Body in Poughkeepsie, New York for over 16 years. While West specialized in auto body repair, he also performed tire and rim work and owned a tire mounting machine and an air compressor that are central to this case.

In January 1991, Aston Weir brought two tires that had been manufactured by The Goodyear Tire & Rubber Company ("Goodyear") into West's shop. Weir...

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