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CABONI v. GENERAL MOTORS CORP.

No. 00-31327.

278 F.3d 448 (2002)

James CABONI; et al., Plaintiffs, James Caboni, Plaintiff-Appellant, v. GENERAL MOTORS CORPORATION; et al., Defendants, General Motors Corporation, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 2, 2002.

Attorney(s) appearing for the Case

Terrence J. Lestelle, Philip Reed Adams, Jr. (argued), Lestelle & Lestelle, Metairie, LA, for Plaintiff-Appellant.

Paul Victor Cassisa, Jr., Bernard, Cassisa, Elliott & Davis, Oxford, MS, Carl Joseph Giffin, Jr. (argued), Bernard, Cassisa, Elliott & Davis, Metairie, LA, for Defendant-Appellee.

Before GARWOOD and WIENER, Circuit Judges, and FALLON, District Judge.

FALLON, District Judge:

Plaintiff-Appellant James Caboni appeals the district court's grant of summary judgment in favor of Defendant-Appellee General Motors Corporation on Plaintiff Appellant's products liability action brought pursuant to the Louisiana Products Liability Act ("LPLA"). For the following reasons, we REVERSE and REMAND the case for further consideration.

I. FACTUAL AND PROCEDURAL BACKGROUND

On December 22, 1998, Plaintiff-Appellant...

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