JOWERS v. LINCOLN ELEC. CO.

No. 09-60396.

617 F.3d 346 (2010)

Robert E. JOWERS; Donna A. Jowers, Plaintiffs-Appellees, v. LINCOLN ELECTRIC COMPANY; BOC Group; ESAB Group, Inc., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

August 26, 2010.


Attorney(s) appearing for the Case

Scott Oliver Nelson , Christopher Tarver Robertson (argued), Maples & Lomax, P.A., Pascagoula, MS, Richard Runft Barrett , Law Offices of Richard R. Barrett , P.L.L.C., Lexington, MS, David Wayne Shelton , Oxford, MS, for Plaintiffs-Appellees.

Michael W. Ulmer , Lewis William Bell , Hugh Ruston Comley , James Joseph Crongeyer, Jr. , Watkins & Eager, P.L.L.C., Washington, DC, John H. Beisner (argued), Stephen J. Harburg , Geoffrey M. Wyatt , Skadden, Arps, Slate, Meacher & Flom, L.L.P., Washington, DC, for Defendants-Appellants.

Before BARKSDALE, GARZA and DENNIS, Circuit Judges.


EMILIO M. GARZA, Circuit Judge:

The BOC Group, Inc., the ESAB Group, Inc. ("ESAB"), and the Lincoln Electric Company ("Lincoln") (collectively, the "Manufacturers") appeal the jury verdict and judgment in favor of Robert and Donna Jowers (collectively, "Jowers") on Jowers' failure-to-warn claim under Mississippi law. Specifically, the Manufacturers argue the district court improperly instructed the jury on their government contractor affirmative defense; improperly...

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