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BARNES v. OMARK INDUSTRIES, INC.

No. 18086.

369 F.2d 4 (1966)

Judith Marie BARNES, Guardian of the Estate and of the Person of James D. Barnes, Appellant, v. OMARK INDUSTRIES, INC., Appellee.

United States Court of Appeals Eighth Circuit.

December 6, 1966.

Attorney(s) appearing for the Case

Don M. Jackson, of Jackson, Wade & Barker, Kansas City, Mo., for appellant. Robert C. Jones, Kansas City, Mo., with him on the brief.

William H. Sanders, of Caldwell, Blackwell, Sanders & Matheny, Kansas City, Mo., for appellee. Dean F. Arnold and Larry L. McMullen, Kansas City, Mo., on the brief.

Before MATTHES, MEHAFFY and GIBSON, Circuit Judges.

MEHAFFY, Circuit Judge.

James D. Barnes, plaintiff, brought this suit to recover damages for personal injuries he sustained from the use of a powder actuated tool manufactured by Omark Industries, Inc., defendant.1 Diversity of citizenship and the requisite amount in controversy establish jurisdiction. Trial to a jury resulted in a verdict and judgment for the defendant. For reversal plaintiff urges (1) that the District Court erred in...

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