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SMITH v. CLAYTON AND LAMBERT MANUFACTURING COMPANY

Nos. 73-1439, 73-1440.

488 F.2d 1345 (1973)

Sally SMITH et al., Plaintiffs-Appellants, v. CLAYTON AND LAMBERT MANUFACTURING COMPANY, Defendant-Appellee. Marijene L. PEART et al., Plaintiffs-Appellants, v. CLAYTON AND LAMBERT MANUFACTURING COMPANY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided December 17, 1973.

Attorney(s) appearing for the Case

W. Eugene Hansen, Salt Lake City, Utah (Burton H. Harris, Logan, Utah, on the brief), for plaintiffs-appellants.

Stephen B. Nebeker, Salt Lake City, Utah (Paul S. Felt, Salt Lake City, Utah, on the brief), for defendant-appellee.

Before HILL, McWILLIAMS and BARRETT, Circuit Judges.

HILL, Circuit Judge.

This diversity action was brought to recover for the wrongful deaths of Quentin L. Peart and C. Dean Smith by their wives and children. Defendant-appellee is a silo manufacturing company in Buckner, Kentucky, which sold decedents an "oxygen free" grain silo. While decedents were in this grain silo, they were asphyxiated by carbon dioxide. The case was tried to a jury in Utah federal district court, and a verdict was returned for appellee. This...

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